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BRENNAN v. CITY OF MIAMI

No. 3D12-3059.

146 So.3d 119 (2014)

Louis BRENNAN, Appellant, v. CITY OF MIAMI, Appellee.

District Court of Appeal of Florida, Third District.

September 3, 2014.

Attorney(s) appearing for the Case

Sheppard, White & Kachergus, P.A., and Wm. J. Sheppard , Elizabeth L. White , Matthew R. Kachergus and Bryan E. DeMaggio , Jacksonville, for appellant.

Victoria Méndez , City Attorney, and John A. Greco , Janeen L. Richard and Casey P. Cohen , Assistant City Attorneys., for appellee.

Before ROTHENBERG, EMAS and FERNANDEZ, JJ.

FERNANDEZ, J.

Louis Brennan appeals a final order from the Public Employees Relations Commission in which the Commission concluded that appellee City of Miami did not violate chapter 295, Florida Statutes (2012), when it failed to afford Brennan a veterans' preference in promotion and dismissed Brennan's complaint. We disagree with this conclusion because Brennan's failure to submit documentation to the City of his active duty during wartime did not preclude his entitlement...

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