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Feliciano v. School Board of Palm Beach County

Citations: 776 So. 2d 306; 2000 Fla. App. LEXIS 16909; 2000 WL 1873074Docket: No. 4D99-4201

Court: District Court of Appeal of Florida; December 26, 2000; Florida; State Appellate Court

Narrative Opinion Summary

The case concerns an appeal by a plaintiff contesting a final judgment in a pregnancy discrimination lawsuit under Title VII, the Florida Civil Rights Act, and the Palm Beach County Equal Employment Ordinance. The appellant challenged the jury instructions, specifically the absence of guidance on pretext and the inclusion of 'animosity,' which she argued imposed an undue proof burden. However, her failure to offer a distinct and specific objection, as required by Florida Rule of Civil Procedure 1.470(b), resulted in a lack of preservation of these issues for appellate review. The court, referencing legal precedents such as City of Orlando v. Birmingham, held that the fundamental error doctrine could not compensate for this procedural oversight. Consequently, the appellate court affirmed the original judgment, underscoring the importance of timely and precise objections in ensuring fair trial procedures and avoiding unnecessary retrials. The decision highlights procedural adherence as a critical component in appellate success, with Judges Dell and Klein concurring in the judgment.

Legal Issues Addressed

Application of Fundamental Error Doctrine

Application: The fundamental error doctrine cannot be applied to remedy the appellant's failure to preserve objections, consistent with established case law.

Reasoning: While Feliciano's claims of legal error are recognized, the fundamental error doctrine cannot remedy her failure to preserve objections, as established in prior case law, including City of Orlando v. Birmingham.

Preservation of Error for Appeal

Application: The appellant failed to preserve her objections for appellate review by not providing a specific and distinct objection to the jury instructions.

Reasoning: Feliciano did not preserve these objections for appellate review, as she only objected to the defendant's proposed pretext instruction without offering her own alternative, and she did not specifically object to the term 'animosity.'

Requirement of Specific Objections Under Florida Rule of Civil Procedure 1.470(b)

Application: The necessity of a specific and distinct objection to preserve an error for appeal was not met by the appellant, resulting in the affirmation of the judgment.

Reasoning: According to Florida Rule of Civil Procedure 1.470(b), a distinct and specific objection is required to preserve an error for appeal.