JAMES UTTERBACK vs SCHOOL BOARD OF PALM BEACH CO

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT JAMES UTTERBACK, Petitioner, v. SCHOOL BOARD OF PALM BEACH COUNTY, Respondent. No. 4D17-163 [May 24, 2017] Petition for writ of certiorari to the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Martin H. Colin, Judge; L.T. Case No. 2016CA006125XXXXMB. Isidro M. Garcia of Garcia Law Firm, P.A., West Palm Beach, for petitioner. Jean Marie Middleton, West Palm Beach, for respondent. 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. * * * Not final until disposition of timely filed motion for rehearing.s

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