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SIMMONS v. CITY OF AVON PARK

No. 2D00-4458.

788 So.2d 1076 (2001)

Donald SIMMONS, Appellant, v. CITY OF AVON PARK, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 28, 2001.

Attorney(s) appearing for the Case

Stanley E. Marable, Sarasota, for Appellant.

Gregory A. Hearing of Thompson, Sizemore & Gonzalez, P.A., Tampa, for Appellee.

Matthew J. Mierzwa, Jr. of Mierzwa & Associates, P.A., Lake Worth, for Amicus Curiae, Avon Park Professional Firefighters, Local 3132, IAFF.

FULMER, Acting Chief Judge.

Donald Simmons challenges the order of the trial court vacating an arbitration award. Because the trial court erred in finding that the arbitrator had exceeded his authority under the collective bargaining agreement ("CBA"), we reverse.

Simmons, a captain with the Avon Park Fire Department, was demoted to the position of firefighter after testing positive for use of marijuana. Simmons challenged the disciplinary action pursuant...

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