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Unformatted text preview: al history records) was inadmissible. However, I do not believe the error
in admitting this testimony rose to the level of being reversible. Rather, I would deem it
harmless when viewed in the context of all of the evidence presented.
With respect to the punitive damages issue, I do not believe that the appellant's conduct
in its hiring and retaining of Turner [*765] met the standard of extreme misconduct
contemplated by White Construction Co. v. Dupont, 455 So.2d 1026, 1029 (Fla. 1984). 55 56 Right of Privacy 57 Case #9 KURTZ v. THE CITY OF NORTH MIAMI, FLORIDA and City of North MIAMI v. KURTZ
ARLENE KURTZ, Appellant, v. THE CITY OF NORTH MIAMI, FLORIDA, Appellee.
CASE No. 92-2038
COURT OF APPEAL OF FLORIDA, THIRD DISTRICT
625 So. 2d 899; 1993 Fla. App. LEXIS 10307; 8 BNA IER CAS 1611; 18 Fla. Law W. D
October 12, 1993, Filed
SUBSEQUENT HISTORY: [**1]
Released for Publication November 23, 1993.
PRIOR HISTORY: An Appeal from the Circuit Court for Dade County, Sidney B.
COUNSEL: Mitrani, Rynor & Gallegos, P.A., and Pamela A. Chamberlin, for appellant.
Pedro P. Echarte, Jr.; Thomas M. Pflaum, for appellee.
JUDGES: Before HUBBART, JORGENSON, and COPE, JJ.
OPINION: [*900] JORGENSON, Judge.
By this appeal we determine whether the City of North Miami may require prospective
job applicants to refrain from lawful conduct unrelated to job functions in order to be
considered for employment. We conclude that it may not and reverse the summary
judgment entered against Arlene Kurtz.
Kurtz submitted an employment application for a clerk-typist position with the City of
North Miami. In December 1989, Kurtz took and passed a written examination required
for all prospective applicants. In March 1990, the City Manager promulgated
Administrative Regulation 1-46. The regulation requires all job applicants to sign an
affidavit stating that they have not used tobacco or tobacco products for at least one year
immediately preceding the application. n1 According to the regulat...
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This note was uploaded on 09/30/2012 for the course ENC 102 taught by Professor Deria during the Spring '08 term at FIU.
- Spring '08