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STATE DEPT. OF CORRECTIONS v. SMITH

No. 1D07-6043.

980 So.2d 606 (2008)

STATE of Florida, DEPARTMENT OF CORRECTIONS, Petitioner, v. Julius G. SMITH, Respondent.

District Court of Appeal of Florida, First District.

May 5, 2008.

Attorney(s) appearing for the Case

Scott Shevenell, Assistant General Counsel, Department of Corrections, Tallahassee, for Petitioner.

Carlos R. Lopez, Public Employees Relations Commission, Tallahassee; and Leonard S. Magid of Magid & Williams, P.A., Jacksonville, for Respondent.

PER CURIAM.

Petitioner filed a petition for a writ of mandamus, which this Court treats as a petition to review nonfinal agency action pursuant to section 120.68(1), Florida Statutes.

Petitioner terminated Smith's employment for alleged conduct unbecoming of a public employee and willful violation of state statutes, rules and regulations. Smith sought review with the Public Employees Relations Commission (PERC). The hearing officer issued a recommended order...

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