DEPARTMENT OF CORRECTIONS, APPELLANT,
v.
GWEN CROCE, APPELLEE

Fla. 4th DCA | 1988-03-02
No. 87-2837
HERSEY, C.J., and DELL and GUNTHER, JJ., concur.
520 So. 2d 695 Florida District Court of Appeal, Fourth District (1988)

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Holding

The court held that a temporary injunction was improperly granted because the appellee failed to exhaust administrative remedies and did not demonstrate irreparable harm or lack of adequate legal remedies.


Facts & Procedural History

The trial court granted a temporary injunction preventing the Department of Corrections from terminating or demoting an employee pending the outcome o…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This appeal comes to us from a non-final order denying a motion to dissolve a temporary injunction. We have jurisdiction pursuant to rule 9.130(a)(3)(B), Florida Rules of Appellate Procedure.

The trial court granted appellee, Gwen Croce’s, motion for a temporary injunction. The trial court’s order prohibited the Department of Corrections from terminating appellee’s employment and from demoting her pending the outcome of an action she is pursuing against the department for unfair employment practices pursuant to section 112.3187 Florida Statutes (Supp.1986). Ap-pellee claimed that she would suffer irreparable harm if her employment was terminated or if she was demoted pending her lawsuit.

We reverse. Our review of the record satisfies us that appellee has failed to exhaust her administrative remedies, has not shown irreparable harm, and has adequate legal remedies in the form of reinstatement, back pay and damages. See Department of Health and Rehabilitative Servic es v. Artis, 345 So. 2d 1109 (Fla. 4th DCA 1977).

Accordingly we reverse the order denying appellant’s motion to dissolve and vacate the temporary injunction.

REVERSED.

HERSEY, C.J., and DELL and GUNTHER, JJ., concur.


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