Mikell v. State, Department of Administration
Mikell v. State, Department of Administration
Opinion of the Court
By petition for writ of certiorari, petitioner seeks to have quashed respondent’s decision rejecting her appeal to the Career Service Division.
On April 16, 1973, petitioner was discharged from her job by the Gilchrist County Commission. She filed an appeal of her dismissal to the Career Service Division. On February 28, 1974, the State Personnel Director advised petitioner by letter that upon reviewing and investigating her alleged dismissal that she had no right to appeal under the Personnel Rules and Regulations.
“You will note that resignation by abandonment of position is not an action ap-pealable to the Career Service Commission. Accordingly, we have no alternative but to reject your appeal for hearing before the Career Service Commission.”
Thus issues which petitioner sought to have reviewed were summarily rejected by the personnel director. Elementary concepts of due process were violated. The respondent is directed to forthwith grant petitioner an appeal by its Division of Career Services.
Petition for writ of certiorari is granted with directions that respondent forthwith comply with this opinion.
. Rules and Regulations of the State of Florida 22A-7.10(2).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.