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KRESSE v. CITY OF HIALEAH

No. 88-1071.

539 So.2d 534 (1989)

Frank KRESSE, Appellant, v. CITY OF HIALEAH, a Florida Municipal Corporation, Appellee.

District Court of Appeal of Florida, Third District.

March 7, 1989.

Attorney(s) appearing for the Case

Alan Eichenbaum, for appellant.

William Wetzel, Hialeah City Atty. and Melissa Volker, Asst. City Atty., and Richard Gross, Asst. City Atty., for appellee.

Before SCHWARTZ, C.J., and JORGENSON, J., and WILLIAM C. OWEN, Jr., Associate Judge.

SCHWARTZ, Chief Judge.

The plaintiff below appeals from a final order dismissing a complaint against his employer, the City of Hialeah, with prejudice. The action, brought under section 440.205, Florida Statutes (1987),1 claimed that the City had wrongfully terminated his employment because he had filed a valid workers' compensation claim several years before. The dismissal was based upon Kresse's admitted failure to exhaust the grievance...

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