Florida/Georgia Personal Injury & Workers Compensation

...Substantive law creates those rights. Practice and procedure are the machinery of the judicial process as opposed to the product thereof. Military Park Fire Control Tax Dist. No. 4 v. DeMarois, 407 So.2d 1020, 1021 (Fla. 4th DCA 1981). In DeMarois, this court found section 447.504(5), Florida Statutes (1979), unconstitutional. See id. at 1021. Section 447.504(5) provided that appeals from certain orders of the Public Employees Relations Commission would be "expedited" in the appellate court and given "priority" over other civil matters....

...Steven Bloom of Kaplan, Sicking, Hessen, Sugarman, Rosenthal & DeCastro, P.A., and Joseph C. Segor, Miami, for appellees Kraemer and Military Park Professional Fire Fighters Union, Local 2741, I.A.F.F. ON MOTION TO EXPEDITE PER CURIAM. Appellee, DeMarois, has filed a motion to expedite appeal under Section 447.504(5), Florida Statutes (1979) which provides: *1021 Appeals filed under this part shall be heard expeditiously by the district court of appeal to which presented and shall take precedence over all other civil matters except prior matters of the same character....

...Practice and procedure are the machinery of the judicial process as opposed to the product thereof. Johnson v. State, supra . There can be no doubt that a rule creating priorities among types of civil matters being processed by the state courts is procedural rather than substantive. We therefore declare Section 447.504(5), Florida Statutes (1979) unconstitutional....

...later amended on remand, which displaced one of the hearing officer's recommendations. The hospital contends it tried *784 to point out the errors in the recommended order to PERC long before this court remanded PERC's original order for correction. Section 447.504(4) provides that the district courts of appeal may award appellate attorney's fees and costs to "the prevailing party" after judicial review....

...fees and costs in every case in which it rendered an order; further, its judgment would be affected by that knowledge. We reject PERC's argument that attorney's fees and costs may be assessed only against the non-prevailing party to the proceeding. Section 447.504(4) does not impose the sanction of fees and costs only against the non-prevailing party....

...roceeding is premature. Under ordinary circumstances, once PERC has issued a final order on the matter and a notice of appeal has been filed, the district court of appeal shall have jurisdiction and may grant such relief as it deems just and proper. § 447.504, Fla....

...Ott, a Fire Department employee. The City contends that a prior ruling of its Civil Service Board should have controlled PERC's decision, and argues alternatively that there is not substantial competent evidence to support PERC's order. We have jurisdiction. § 447.504, Fla....

...t an award of attorney's fees was appropriate. Appellant fails to show that this constitutes an abuse of discretion by the Commission. Having found no error, we grant appellee's motion for the award of appellate costs and attorney's fees pursuant to section 447.504(3), Florida Statutes (1979), [13] and remand *832 the cause to the Commission for the determination of these costs and fees in accordance with the procedures set forth in Florida Administrative Code Rule 38D-14.04. The order appealed from is AFFIRMED. DAUKSCH, C.J., and COWART, J., concur. NOTES [1] Fla.R.App.P. 9.030(b)(1)(C); Section 447.504(1), Florida Statutes (1979)....

...§ 157, which is the Federal counterpart to section 447.301(1), Florida Statutes. [12] § 447.503(6)(c): The commission may award to the prevailing party all or part of the costs of litigation, reasonable attorney's fees, and expert witness fees whenever the Commission determines that such an award is appropriate. [13] § 447.504(3) provides in part: The court may award to the prevailing party all or part of the costs of litigation and reasonable attorney's fees and expert witness fees whenever the court determines that such an award is appropriate.

...Before COPE, C.J., [*] and WELLS and SHEPHERD, JJ. *592 SHEPHERD, J. This is an appeal of a Public Employee Relations Commission (PERC) order finding that Miami-Dade County committed an unfair labor practice. We have jurisdiction, Art. V, § 4(b)(1) Fla. Const.; § 447.504(1), Fla....

...when an adversely affected party seeks review of final agency action. Neither the judicial review section of the Florida Administrative Procedure Act, section 120.68, Florida Statutes (1981), nor the specific judicial review statute governing PERC, section 447.504, Florida Statutes (1981), requires PERC to be designated as a party appellee in review proceedings....

...Substantive law creates those rights. Practice and procedure are the machinery of the judicial process as opposed to the product thereof. Military Park Fire Control Tax Dist. No. 4 v. DeMarois, 407 So.2d 1020, 1021 (Fla. 4th DCA 1981). In DeMarois, this court found section 447.504(5), Florida Statutes (1979), unconstitutional. See id. at 1021. Section 447.504(5) provided that appeals from certain orders of the Public Employees Relations Commission would be "expedited" in the appellate court and given "priority" over other civil matters....

...ollective bargaining negotiations is not exempt from the Florida Public Records Act. PROCEDURAL HISTORY The present case appears before us as an appeal from a final order of the Public Employees Relations Commission. Art. V, § 4(b)(2), Fla. Const.; § 447.504(1), Fla....

...fees to appellee. We affirm. The agency order is based upon findings which are supported by competent, substantial evidence in the record. Pasco County School Board v. Florida Public Employees Relations Commission, 353 So.2d 108 (Fla. 1st DCA 1977); § 447.504(2), Fla....

...In its motion for stay, appellant alludes to possible conflict between Rule 9.310 and sections of the Administrative Procedure Act (APA) and the Public Employees Relations Act (PERA) which speak to judicial review of final agency action. Section 120.68(3) of the APA and section 447.504(5) of the PERA both state, in effect, that the filing of a petition for judicial review of final agency action does not, in itself, operate as a stay of the agency decision or order....

...ifying the election results and certifying Local 4396 as the collective bargaining representative of the defined bargaining unit as specified in its September 16, 2005 order. The City properly filed the instant appeal pursuant to sections 120.68 and 447.504, Florida Statutes, as a Commission order certifying a collective bargaining unit is a final agency action reviewable by the district courts of appeal. See § 447.307(3)(b), Fla. Stat. (2005)("Certification is effective upon the issuance of the final order by the [C]ommission. . . ."); § 447.504(1), Fla....

Jr., appeals, pursuant to the provisions of Section 447.-504, Florida Statutes, from a final order of the

...Therefore, we conclude that PERC was in error in denying the city's objections to the election and reverse. The third point to be considered is whether the city's request for attorney's fees and court costs based on the allegation that PERC ignored its statutory commands should be granted. Section 447.504(3), Florida Statutes (1979), provides: The court may award to the prevailing party all or part of the costs of litigation and reasonable attorney's fees ......

...ure Act also contains an attorney's fee provision: "[I]n the event a court reverses an agency's order, the court in its discretion may award attorney's fees and costs to the aggrieved prevailing party." § 120.57(1)(b)(9), Fla. Stat. (1979). [4] See § 447.504(4), Fla....

...r amended on remand, which displaced one of the hearing officer’s recommendations. The hospital contends it tried *784 to point out the errors in the recommended order to PERC long before this court remanded PERC’s original order for correction. Section 447.504(4) provides that the district courts of appeal may award appellate attorney’s fees and costs to “the prevailing party” after judicial review....

...s and costs in every case in which it rendered an order; further, its judgment would be affected by that knowledge. We reject PERC’s argument that attorney’s fees and costs may be assessed only against the non-prevailing party to the proceeding. Section 447.504(4) does not impose the sanction of fees and costs only against the non-prevailing party....

motion for appellate attorney fees pursuant to section 447.504(3), Florida Statutes (1995). On remand, the

interest. Accordingly, we conclude that under section 447.504, Florida Statutes, the parties shall have 60

...the Public Employees Relations Commission (“PERC”) in favor of Miami Lodge #20, Fraternal Order of Police (“FOP”), which found that the City engaged in an unfair labor practice. We have jurisdiction under Article V, Section 4(b)(2) of the Florida Constitution and section 447.504(1), Florida Statutes (2016)....

...ttorneys’ fees. We affirm. The agency order is based upon findings which are supported by competent, substantial evidence in the record. Pasco County School Board v. Florida Public Employees Relations Commission, 353 So.2d 108 (Fla. 1st DCA 1977); § 447.504(2), Fla.Stat....

...y statement. The trial court granted the motion to dismiss upon the ground that it lacked subject matter jurisdiction, the plaintiffs being limited to their right of appeal of the final agency action of PERC to a district court of appeal pursuant to Section 447.504, Florida Statutes (1977)....

...Therefore, when the matter is returned to the trial court if the City, upon appropriate pleading, urges the affirmative defense of res adjudicata or lack of subject matter jurisdiction because of the appellants’ failure to pursue the appellate remedies from the PERC action, as provided by Section 447.504, Florida Statutes (1977), it will then be incumbent upon the trial judge to analyze the agency action to determine whether it is the type that an aggrieved party must appeal pursuant to Section 447.-504, Florida Statutes (1977), or wh...

...Nora Williams appeals the final order of the Public Employees Relations Commission affirming the summary dismissal of Ms. Williams’ amended charge of an unfair labor practice by the City of Jacksonville. §§ 447.501, 447.503, Fla. Stat. This court has jurisdiction to review the final order. § 447.504, Fla....

...Commission accepting and adopting the recommended order of the hearing officer after an administrative hearing pursuant to section 120.57, Florida Statutes. §§ 447.501, 447.503, Fla. Stat. This court has jurisdiction to review the final order. § 447.504, Fla....

...lic Employees Relations Commission affirming the summary dismissal of Ms. Williams’ amended charge of an unfair labor practice by the City of Jacksonville. §§ 447.501, 447.503, Fla. Stat. This court has jurisdiction to review the final order. § 447.504, Fla....

...Nora Williams appeals the final order of the Public Employees Relations Commission accepting and adopting the recommended order of the hearing officer after an administrative hearing pursuant to section 120.57, Florida Statutes. §§ 447.501, 447.503, Fla. Stat. This court has jurisdiction to review the final order. § 447.504, Fla....

sought on this appeal by the Union pursuant to Section 447.504(3) is granted and the case remanded to PERC

...deceive or defraud the Department. For the aforementioned reasons, we reverse PERC’s order and remand for Johnson’s reinstatement to his former position with the Department, including back pay and reinstatement of benefits. Further, pursuant to section 447.504(3), Florida Statutes (1997), we find that an award of appellate attorneys’ fees to Johnson is called for....

...If the City determines that the appeal is indeed moot and it stands to accomplish nothing by continuing to prosecute the appeal, it may file a voluntary dismissal under Florida Rule of Appellate Procedure 9.350(b). The motion to vacate and to dismiss in Case 81-1229 is DENIED. ORFINGER and COWART, JJ., concur. . Section 447.504, Florida Statutes (1979), provides that district courts of appeal are empowered to review final orders of PERC pursuant to § 120.68....

...o present their case. *761 Accordingly, we reverse PERC's Order Affirming General Counsel's Summary Dismissal of Amended Charges and remand for an evidentiary hearing to determine whether appellants are owed their seniority. Furthermore, pursuant to section 447.504(3), Florida Statutes (2009), we find that an award of appellate attorneys' fees to appellants is warranted....