Legal Opinion

Kresse v. City of Hialeah

District Court of Appeal of Florida

Decided March 7, 1989No. 88-1071PublishedCited by 2 opinions

1Opinion of the Court

SCHWARTZ, Chief Judge.

The plaintiff below appeals from a final order dismissing a complaint against his employer, the City of Hialeah, with prejudice. The action, brought under section 440.205, Florida Statutes (1987),1 claimed that the City had wrongfully terminated his employment because he had filed a valid workers’ compensation claim several years before. The dismissal was based upon Kresse’s admitted failure to exhaust the grievance process and other administrative remedies provided by the collective bargaining agreement entered into between his union and the city pursuant to section…

2Cases cited4 opinions

  1. Allis-Chalmers Corp. v. LueckSupreme Court of the United States · 1985
  2. Lingle v. Norge Division of Magic Chef, Inc.Supreme Court of the United States · 1988
  3. City of Miami v. Fraternal Order of PoliceDistrict Court of Appeal of Florida · 1979
  4. Southwest Gulfcoast, Inc. v. AllanDistrict Court of Appeal of Florida · 1987

3Cited by2 opinions

  1. Sucart v. Office of the CommissionerDistrict Court of Appeal of Florida · 2013
  2. Kilpatrick v. Dade County School BoardDistrict Court of Appeal of Florida · 1992

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