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MELLINGER v. DEPT. OF LABOR & EMPLOYMENT

No. 5D01-2692.

816 So.2d 770 (2002)

Jerry L. MELLINGER, Appellant, v. DEPARTMENT OF LABOR & EMPLOYMENT, etc., Appellee.

District Court of Appeal of Florida, Fifth District.

May 10, 2002.

Attorney(s) appearing for the Case

Frank V. Reilly, Frank V. Reilly, P. A., Fort Lauderdale, for Appellant.

David C. Hawkins, Senior Attorney, Florida Department of Labor and Employment Security, Tallahassee, for Appellee.

PER CURIAM.

AFFIRMED. See § 440.107(5), Fla. Stat. (2001).

HARRIS and ORFINGER, R.B., JJ., concur.

PETERSON, J., concurs specially, with opinion.

PETERSON, J., concurring specially.

I write only to express amazement at the current policy of the Division that was revealed to us at oral argument. Mellinger is prohibited from engaging in his occupation as an employer until he pays his penalties in full. This creates an impossible...

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