REGGIE E. JERNIGAN, v. STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT
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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA REGGIE E. JERNIGAN, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED. CASE NO. 1D09-2129 STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT, Appellee. _______________________________/ Opinion filed October 30, 2009. An appeal from an order of the State Retirement Commission. Alice C. Myers, Chairman. Teresa E. Liles and T. Rhett Smith of Smith & Liles, P.A., Pensacola, for Appellant. Bill McCollum, Attorney General, and Lee Ann Gustafson, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. Upon appellee s proper concession of error, the order awarding attorney s fees and costs entered by the State Retirement Commission on April 1, 2009, is hereby quashed. Appellee s motion for remand is granted. This matter is remanded to the State Retirement Commission for reconsideration by the Commission of a reasonable attorney s fee in light of the evidence presented at the previous hearing. HAWKES, C.J., WOLF and WETHERELL, JJ., CONCUR. 2
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