Narrative Opinion Summary
Patricia Ann Bell appeals a final summary judgment in favor of the Board of Regents, which determined that her action under Chapter 760 of the Florida Statutes (1993) is barred by sovereign immunity. The court found that sections 760.02(6), 760.02(7), 760.11(4), and 760.11(5) of the Florida Statutes, when read together, provide a clear and unequivocal waiver of sovereign immunity. The decision cites relevant case law, including Klonis v. State of Florida, Department of Revenue and Jones v. Brummer, and references Kimel v. Florida Board of Regents as an example of state statutes protecting employees from age discrimination. The court reversed the lower court's ruling, with Judges Booth and Benton, along with Senior Judge Shivers Douglass, concurring in the decision.
Legal Issues Addressed
Judicial Reversal of Summary Judgmentsubscribe to see similar legal issues
Application: The appellate court reversed the lower court's summary judgment, which was originally in favor of the Board of Regents, due to the improper application of sovereign immunity.
Reasoning: Patricia Ann Bell appeals a final summary judgment in favor of the Board of Regents, which determined that her action under Chapter 760 of the Florida Statutes (1993) is barred by sovereign immunity. The court reversed the lower court's ruling.
Precedential Support for Waiver of Sovereign Immunitysubscribe to see similar legal issues
Application: The court's decision was supported by citing relevant case law, which provided precedent for interpreting the waiver of sovereign immunity in the context of employment discrimination claims.
Reasoning: The decision cites relevant case law, including Klonis v. State of Florida, Department of Revenue and Jones v. Brummer, and references Kimel v. Florida Board of Regents as an example of state statutes protecting employees from age discrimination.
Waiver of Sovereign Immunity under Chapter 760 of the Florida Statutessubscribe to see similar legal issues
Application: The court determined that Chapter 760 of the Florida Statutes provides a clear and unequivocal waiver of sovereign immunity, allowing Patricia Ann Bell's action to proceed against the Board of Regents.
Reasoning: The court found that sections 760.02(6), 760.02(7), 760.11(4), and 760.11(5) of the Florida Statutes, when read together, provide a clear and unequivocal waiver of sovereign immunity.