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NOONE v. FLORIDA DEPT. OF CORRECTIONS

No. 99-257.

745 So.2d 481 (1999)

James NOONE, Appellant, v. FLORIDA DEPARTMENT OF CORRECTIONS and Public Employees Relations Commission, Appellees.

District Court of Appeal of Florida, First District.

November 22, 1999.

Attorney(s) appearing for the Case

G. "Hal" Johnson, Tallahassee; Shelley Mund, West Palm Beach, for Appellant.

Janice Y. Pressley, Assistant General Counsel, Florida Department of Corrections, Tallahassee; William D. Salmon, Staff Counsel, Florida Public Employees Relations Commission, Tallahassee, for Appellees.

ERVIN, J.

Appellant, James Noone, appeals from an order of the Public Employees Relations Commission, contending that PERC erred in dismissing his career-service appeal as a sanction for failure to appear at his scheduled evidentiary hearing, that the policy of dismissal for failure to appear as stated in PERC's notice of hearing should have been promulgated by rule, and that PERC abused its discretion by dismissing the appeal for failure to appear. We conclude that...

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