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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