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SMITH v. DHRS

No. 88-1408.

555 So.2d 1254 (1989)

Marlyn SMITH, Appellant, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 15, 1990.

Attorney(s) appearing for the Case

Mark King Leban, Gold & Fox, Marshall G. Wiseheart, Miami, for appellant.

Hogg, Allen, Ryce, Norton & Blue and Mark Lebitt, for appellee.

Before BARKDULL, HUBBART and COPE, JJ.

PER CURIAM.

This is an appeal by a state employee Marlyn Smith from a final order of the Public Employees Relations Commission [PERC] which (a) upholds a twenty-day suspension of her imposed by the Florida Department of Health and Rehabilitative Services [HRS], and (b) rejects a contrary conclusion reached by the hearing officer who heard the testimony adduced in this case. We reverse the order under review and remand the cause to PERC with directions to accept the...

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