2024-1811•United Faculty of Florida v. Florida State University Board of Trustees and Florida Public Employees Relations Commission.
United Faculty of Florida v. Florida State University Board of Trustees and Florida Public Employees Relations Commission.
2024-1811Fladistctapp1
Full text
FIRST D ISTRICT COURT OF APPEAL S TATE OF FLORIDA _____________________________ No. 1D2024-1811 _____________________________ U NITED FACULTY OF FLORIDA , Appellant, v. FLORIDA STATE UNIVERSITY B OARD OF TRUSTEES and FLORIDA PUBLIC E MPLOYEES R ELATIONS C OMMISSION , Appellees. _____________________________ On appeal from the Public Employees Relations Commission. Kerey Carpenter, Chair. December 23, 2025 P ER C URIAM. In this appeal from an order of the Public Employees Relations Commission (PERC), we affirm, without comment, the dismissal of the United Faculty of Florida’s unfair labor practice charge against the Florida State University Board of Trustees. However, we dismiss for lack of jurisdiction that portion of the appeal challenging PERC’s decision to award the University prevailing party attorney’s fees and costs. See Chang v. Local 1403, Metro Dade Fire Fighters, 345 So. 3d 384, 384 (Fla. 1st DCA 2022) (explaining that PERC’s reservation of jurisdiction to determine
2 the amount of fees renders the entitlement portion of the order nonfinal and nonappealable). A FFIRMED in part and DISMISSED in part. R AY , KELSEY , and T READWELL , JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Richard P. Siwica of Egan, Lev, & Siwica, P.A., Orlando, for Appellant. Michael Mattimore and Benjamin M. Lagos of Allen Norton & Blue, P.A., Tallahassee, for Appellee Florida State University Board of Trustees. Daniel E. Nordby, Benjamin J. Gibson, Amber S. Nunnally, and Elise M. Engle of Shutts & Bowen LLP, Tallahassee, for Appellee Public Employees Relations Commission.
OCR transcription; preserved printed pages are authoritative
FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA No. 1D2024-1811 UNITED FACULTY OF FLORIDA, Appellant, Vv. FLORIDA STATE UNIVERSITY BOARD OF TRUSTEES and FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION, Appellees. On appeal from the Public Employees Relations Commission. Kerey Carpenter, Chair. December 23, 2025 PER CURIAM. In this appeal from an order of the Public Employees Relations Commission (PERC), we affirm, without comment, the dismissal of the United Faculty of Florida’s unfair labor practice charge against the Florida State University Board of Trustees. However, we dismiss for lack of jurisdiction that portion of the appeal challenging PERC’s decision to award the University prevailing party attorney’s fees and costs. See Chang v. Local 1408, Metro Dade Fire Fighters, 345 So. 3d 384, 384 (Fla. 1st DCA 2022) (explaining that PERC’s reservation of jurisdiction to determine the amount of fees renders the entitlement portion of the order nonfinal and nonappealable). AFFIRMED in part and DISMISSED in part. RAY, KELSEY, and TREADWELL, JJ., concur. Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. Richard P. Siwica of Egan, Lev, & Siwica, P.A., Orlando, for Appellant. Michael Mattimore and Benjamin M. Lagos of Allen Norton & Blue, P.A., Tallahassee, for Appellee Florida State University Board of Trustees. Daniel E. Nordby, Benjamin J. Gibson, Amber S. Nunnally, and Elise M. Engle of Shutts & Bowen LLP, Tallahassee, for Appellee Public Employees Relations Commission.
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