Florida District Courts of Appeal, 2017

Utterback v. School Board of Palm Beach County

Utterback v. School Board of Palm Beach County
Florida District Courts of Appeal · Decided May 24, 2017 · Forst, Gerber
219 So. 3d 940; 2017 WL 2264610; 2017 Fla. App. LEXIS 7545 (Southern Reporter, Third Series)

Utterback v. School Board of Palm Beach County

Opinion of the Court

Per 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.

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