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SMITH v. AVINO

No. 90-451.

572 So.2d 1 (1990)

Gerardo C. SMITH, Appellant, v. Joaquin AVINO, in His Capacity As County Manager of Metropolitan Dade County, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 23, 1991.

Attorney(s) appearing for the Case

Atkinson, Jenne, Diner, Stone, Cohen & Klausner and Robert D. Klausner, Hollywood, for appellant.

Robert Ginsburg, Dade County Atty., and John McInnis, Asst. County Atty., for appellee.

Before BARKDULL, LEVY and GERSTEN, JJ.

PER CURIAM.

Gerardo Smith, an employee of Metropolitan Dade County, appeals the circuit court's order dismissing his Petition for Writ of Mandamus directed to the present county manager, Joaquin Avino, to compel temporary reinstatement with back pay. We reverse.

Smith was discharged from his employment on October 22, 1986, for allegedly violating various rules and regulations of the County Civil Service. Smith appealed his discharge, and a hearing was held...

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