UNITED FACULTY OF FLORIDA
v.
UNIVERSITY OF CENTRAL FLORIDA BOARD OF TRUSTEES AND FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION.
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PERC's dismissal of the unfair labor practice charge is affirmed, but the appeal of the attorney's fees award is dismissed for lack of jurisdiction because PERC's reservation of jurisdiction to determine the amount of fees renders the entitlement portion nonfinal and nonappealable.
[1] When an administrative agency reserves jurisdiction to determine the amount of prevailing party attorney's fees, the entitlement portion of the fee award is nonfinal and…
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Join FLexlaw to unlock all legal intelligence“PERC's reservation of jurisdiction to determine the amount of fees renders the entitlement portion of the order nonfinal and nonappealable”
Explanation for dismissing the fee award portion of the appeal for lack of jurisdiction
United Faculty of Florida filed an unfair labor practice charge against the University of Central Florida Board of Trustees. PERC dismissed the charge…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D2024-1676 _____________________________
UNITED FACULTY OF FLORIDA,
Appellant,
v.
UNIVERSITY OF CENTRAL
FLORIDA 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 University of Central Florida 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). 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 Jason E. Vail of Allen Norton & Blue, P.A., Tallahassee; and Craig F. Novick, UCF Office of General Counsel, Orlando, for Appellee University of Central Florida 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.