Board of Regents, for and on Behalf of University of Florida, Dept. of Educ., Division of Universities v. Heuer, No. Z-185

CourtCourt of Appeal of Florida (US)
Writing for the CourtMILLS; BOYER, C. J., and McCORD
Citation332 So.2d 626
PartiesBOARD OF REGENTS of the State of Florida, a body corporate, for and on Behalf of the UNIVERSITY OF FLORIDA, OF the DEPARTMENT OF EDUCATION, DIVISION OF UNIVERSITIES, Petitioner, v. Mary W. HEUER and Career Service Commission of the State of Florida, Department of Administration, Division of Personnel, Respondents.
Decision Date03 June 1976
Docket NumberNo. Z-185

Page 626

332 So.2d 626
BOARD OF REGENTS of the State of Florida, a body corporate, for and on Behalf of the UNIVERSITY OF FLORIDA, OF the DEPARTMENT OF EDUCATION, DIVISION OF UNIVERSITIES, Petitioner,
v.
Mary W. HEUER and Career Service Commission of the State of Florida, Department of Administration, Division of Personnel, Respondents.
No. Z-185.
District Court of Appeal of Florida, First District.
June 3, 1976.

Page 627

Ashmun Brown and Thomas S. Biggs, Jr., Gainesville, for petitioner.

Larry Turner of Goldin & Turner, Gainesville, for Career Service Commission.

Robert L. Shevin, Atty. Gen., Patricia Colleen Dunn and Betty Steffens, Asst. Attys. Gen., for respondents.

MILLS, Judge.

The Board of Regents seeks review of an order of the Career Service Commission reinstating Heuer as an employee of the University of Florida with back pay.

The Board raises five questions:

1. Whether the Commission had jurisdiction of this case.

2. Whether the Commission had authority to hear the case.

3. Whether the Commission erred in receiving Dr. Hawk's letter of 11 June 1975 into evidence.

Page 628

4. Whether the Commission had authority to order the Board to grant sick leave and accrued annual leave to Heuer.

5. Whether the Commission member Tafel was disqualified from hearing this case.

On 23 September 1974, Heuer was granted a special leave of absence through 13 October for the purpose of seeking employment in North Carolina, where her husband was to be transferred. Under the terms of the leave of absence, Heuer's position was to be available provided she returned to work on 14 October. On 7 October, Heuer was injured in an automobile accident. On 10 October, Heuer notified her employer that she would not be able to return to work on 14 October and asked if it would be necessary for her to clock in before going on sick leave status. She was informed that it would be unnecessary and was advised that the documents necessary to procure her sick leave would be taken care of by the employer. However, on 29 October, Heuer received a letter from her employer informing her that she was ineligible for sick leave and advising her that she must either report back to work on 1 November or sign the general leave letter which was enclosed. It was indicated that failure to comply with either alternative would be considered as a voluntary resignation. Because the general leave did not guarantee her a position upon her return or protect any of her other benefits, Heuer was reluctant to sign the letter, but did so under protest and in an attempt to retain her status as an employee at the University. The general leave thus granted was made retroactive to 14 October and was to expire 2 January 1975.

On 28 October, Heuer brought to her immediate supervisor a letter from Dr. Clayton Hawk, indicating that she had been under his care since 8 October and that the date of her return was guarded. At that time, Heuer was asked to sign release forms giving Dr. Hawk permission to release her charts to the University physician. Heuer asked to take the forms home and discuss the matter with her husband. Later the same day, Heuer called to give her assent but neither of her supervisors were available. Nor, did either individual return her call. The matter was thereafter dropped and...

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3 practice notes
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • June 28, 2006
    ...of Administration, 356 So.2d 356 (Fla. 1st DCA 1978) ], insofar as it conflicts with our decision in [Board of Regents v.] Heuer [, 332 So.2d 626 (Fla. 1st DCA 1976) ], this case, and the rationale expressed in Tomlinson [v. State, Department of Health & Rehabilitative Services, 558 So.2d 6......
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • June 28, 2006
    ...of Administration, 356 So.2d 356 (Fla. 1st DCA 1978)], insofar as it conflicts with our decision in [Board of Regents v.] Heuer [, 332 So.2d 626 (Fla. 1st DCA 1976)], this case, and the rationale expressed in Tomlinson [v. State, Department of Health & Rehabilitative Services, 558 So.2d 62 ......
  • Jenkins v. State, Dept. of Health and Rehabilitative Services, No. 90-1710
    • United States
    • Court of Appeal of Florida (US)
    • April 27, 1993
    ...abandonment/dismissal conundrum has been before this court and the other courts of Florida numerous times. In Board of Regents v. Heuer, 332 So.2d 626 (Fla. 1st DCA 1976), Heuer, a University of Florida employee contested the University's determination that she had abandoned her position. T......
3 cases
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • June 28, 2006
    ...of Administration, 356 So.2d 356 (Fla. 1st DCA 1978) ], insofar as it conflicts with our decision in [Board of Regents v.] Heuer [, 332 So.2d 626 (Fla. 1st DCA 1976) ], this case, and the rationale expressed in Tomlinson [v. State, Department of Health & Rehabilitative Services, 558 So.2d 6......
  • Childers v. State, No. 1D03-2154.
    • United States
    • Court of Appeal of Florida (US)
    • June 28, 2006
    ...of Administration, 356 So.2d 356 (Fla. 1st DCA 1978)], insofar as it conflicts with our decision in [Board of Regents v.] Heuer [, 332 So.2d 626 (Fla. 1st DCA 1976)], this case, and the rationale expressed in Tomlinson [v. State, Department of Health & Rehabilitative Services, 558 So.2d 62 ......
  • Jenkins v. State, Dept. of Health and Rehabilitative Services, No. 90-1710
    • United States
    • Court of Appeal of Florida (US)
    • April 27, 1993
    ...abandonment/dismissal conundrum has been before this court and the other courts of Florida numerous times. In Board of Regents v. Heuer, 332 So.2d 626 (Fla. 1st DCA 1976), Heuer, a University of Florida employee contested the University's determination that she had abandoned her position. T......

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