CITY OF TALLAHASSEE, APPELLANT,
v.
BLANKENSHIP & LEE, INC., APPELLEE

Fla. 1st DCA | 1998-04-17
No. 97-3950
BARFIELD, C.J., and ALLEN and LAWRENCE, JJ., concur.
708 So. 2d 345 Florida District Court of Appeal, First District (1998)

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Synopsis

The court concurred that the issue of the proper burden of proof was not preserved below, but expressed that the arbitrator should not impose a higher burden of proof without authorization and that doing so violated the arbitration agreement.


Holding

The court concurred that the issue of the proper burden of proof was not preserved for appeal, but the concurring judge would have held that the arbitrator cannot impose a higher burden of proof without express authorization and that doing so violated the arbitration agreement.


Facts & Procedural History

The City of Tallahassee terminated Tom Maureau, and the Union argued for a higher burden of proof (clear and convincing evidence) for the City to prov…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

DISMISSED. See Mendez v. West Flagler Family Ass’n, 303 So. 2d 1 (Fla.1974). Such dismissal is without prejudice to appellant’s right to file a timely notice of appeal after a final order has been rendered in the case below.

BARFIELD, C.J., and ALLEN and LAWRENCE, JJ., concur.


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