Legal Opinion · Dissent

City of Orlando v. Central Florida Police Benevolent Ass'n

District Court of Appeal of Florida

Decided March 20, 1992No. 91-1036Published

1DissentW. Sharp, Judge

I respectfully dissent. The issue in this case is whether PERC abused its discretion by interpreting its rules to permit (in effect) an amendment to an earlier petition. That requires us to decide whether the two petitions are so dissimilar in content and form as to constitute a completely different “cause of action.” 1 Is it, as they say in the vernacular, “a horse of an entirely different color?” Because I think the petitions were substantially the same, I would affirm.

Both petitions are provided for by different rules promulgated by PERC.2 A unit *1090clarification petition is appropriate where…

2Cases cited9 opinions

  1. Gay v. Canada Dry Bottling Co. of FloridaSupreme Court of Florida · 1952
  2. RA Jones & Sons, Inc. v. HolmanDistrict Court of Appeal of Florida · 1985
  3. Daniel v. Florida State Turnpike AuthoritySupreme Court of Florida · 1968
  4. Palm Beach Jr. College v. UNITED FACULTY ETC.District Court of Appeal of Florida · 1982
  5. School Board of Broward County v. SuretteDistrict Court of Appeal of Florida · 1981

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