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MURPHY v. MACK

Nos. BB-298 and DD-221.

341 So.2d 1008 (1977)

Ernest P. MURPHY, Sheriff of Osceola County, Florida, Petitioner, v. Curtis L. MACK et al., Respondents. William R. HEIDTMAN, Sheriff of Palm Beach County, Florida, Petitioner, v. FLORIDA STATE LODGE, FRATERNAL ORDER OF POLICE et al., Respondents.

District Court of Appeal of Florida, First District.

January 5, 1977.

Attorney(s) appearing for the Case

Jack M. Skelding, Jr., Madigan, Parker, Gatlin, Truett & Swedmark, Tallahassee, for petitioners in both cases.

Norman Smith, Kissimmee, for petitioner. (BB-298)

Gene L. Johnson, Tallahassee, Dale E. Anstine, Orlando, Murray Overstreet, Kissimmee, for respondents. (BB-298)

Walter O. Lambeth, Swift, Currie, McGhee & Hiers, Atlanta, Ga., Frank J. McKeown, Jr., Cone, Wagner, Nugent, Johnson & McKeown, West Palm Beach, for petitioner. (DD-221)

Jack McLean, Tallahassee, Irving Weinsoff, Weinsoff, Weinsoff & Carney, Miami, for respondents in both cases.

Thomas F. Panza, Fort Lauderdale, Warren Dill, West Palm Beach, for respondents. (DD-221)

MILLS, Judge.

The two questions presented by this review of an interlocutory order of the Public Employees Relations Commission are whether a sheriff is a "public employer" and whether deputy sheriffs are "public employees" as defined in Chapter 447, Florida Statutes (1975).

Section 447.203(2), Florida Statutes (1975), defines a public employer as follows:

"`Public employer' or `employer' means the state or any county, municipality, or special district...

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