Legal Opinion

Utterback v. School Board of Palm Beach County

District Court of Appeal of Florida

Decided May 24, 2017No. 4D17-163PublishedCited by 1 opinion

1Per curiam

The petition is denied. See Luster v. W. Palm Beach Hous. Auth., 801 So.2d 122, 123 (Fla. 4th DCA 2001) (holding that section 112.3187(9)(f), Florida Statutes, requires temporary reinstatement pending trial of a Whistle Blower’s suit only when an employee has been “discharged,” allegedly in retaliation for a protected disclosure, but also holding that where an employee has been simply transferred or demoted, there is no statutory right to temporary reinstatement); see also Metro. Dade Cty. v. Milton, 707 So.2d 913, 914-15 (Fla. 3d DCA 1998).

Petition denied.

May, Gerber and Forst, JJ., concur.

2Cases cited2 opinions

  1. Metropolitan Dade County v. MiltonDistrict Court of Appeal of Florida · 1998
  2. Luster v. West Palm Beach Housing AuthorityDistrict Court of Appeal of Florida · 2001

3Cited by1 opinion

  1. Hamway v. The School Board of Lee County, FloridaDistrict Court, M.D. Florida · 2022