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CEPHAS v. STATE, DEPT. OF HEALTH

No. 96-03681.

719 So.2d 7 (1998)

John CEPHAS, Appellant, v. STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES and Public Employees Relations Commission, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied October 14, 1998.

Attorney(s) appearing for the Case

Karol K. Williams, Tampa, for Appellant.

Barbara Ann Dell McPherson, Chief Legal Counsel, St. Petersburg, for Appellee Department of Health, Statutory Successor to the Department of Health and Rehabilitative Services.

H. Lee Cohee, II, Tallahassee, for Appellee Public Employees Relations Commission.

PATTERSON, Acting Chief Judge.

John Cephas appeals from the final order of the Public Employees Relations Commission (PERC) which finds just cause for discharge from employment. We reverse on grounds of insufficient evidence of misconduct.

Cephas worked for appellee Department of Health and Rehabilitative Services (HRS) as an interviewing clerk for the Women, Infants, and Children (WIC) program, which issues checks for the purchase of food. On September 2...

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