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STATE, DHRS v. STACKHOUSE

No. 92-02797.

629 So.2d 268 (1993)

STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellant, v. David STACKHOUSE and Chung-Ho Chen, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 15, 1993.

Attorney(s) appearing for the Case

Jack Emory Farley, Chief Asst. Dist. Legal Counsel, Tampa, for appellant.

Augustus D. Aikens, Jr., Deputy Gen. Counsel, Tallahassee, amicus curiae, for Dept. of Management Services.

Robert A. Miles, Law Offices of Robert A. Miles, Tampa, for appellee Stackhouse.

Donald D. Slesnick, Law Offices of Slesnick & Casey, Miami, for appellee Chen.

PARKER, Judge.

The appellant, State of Florida, Department of Health and Rehabilitative Services (HRS), challenges the Public Employees Relations Commission's (PERC) final order awarding Dr. David Stackhouse and Dr. Chung-Ho Chen backpay and attorney's fees after they were laid off because the establishment of the HRS's competitive area for these career service employees was arbitrary and capricious. We reverse, concluding that the designation of each County Public...

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