Department Of Corrections v. Pate

District Court of Appeal of Florida

Department Of Corrections v. Pate

263 So. 3d 1133

CourtDistrict Court of Appeal of Florida

DecidedJanuary 10, 2019

DocketNo. 1D17-4562

StatusPublished

This text of 263 So. 3d 1133 (Department Of Corrections v. Pate) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Department Of Corrections v. Pate, 263 So. 3d 1133 (Fla. Ct. App. 2019).

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Opinion

PER CURIAM.

The Department of Corrections appeals the final judgment in favor of Appellee in this retaliatory discharge case. The Department argues that the trial court erred in denying its motions for directed verdict because Appellee failed to prove a causal link between her firing and a prior discrimination suit she filed against the Department. We agree because the "cat's paw" theory of liability advanced by Appellee at trial is largely foreclosed by this court's decision in State v. Bracewell , 220 So.3d 1228 (Fla. 1st DCA 2017),¹ and was not otherwise supported by the evidence. Accordingly, we reverse the final judgment and remand for entry of judgment in favor of the Department.

REVERSED and REMANDED with instructions

Wolf, Lewis, and Wetherell, JJ., concur.

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PER CURIAM.

The Department of Corrections appeals the final judgment in favor of Appellee in this retaliatory discharge case. The Department argues that the trial court erred in denying its motions for directed verdict because Appellee failed to prove a causal link between her firing and a prior discrimination suit she filed against the Department. We agree because the "cat's paw" theory of liability advanced by Appellee at trial is largely foreclosed by this court's decision in State v. Bracewell , 220 So.3d 1228 (Fla. 1st DCA 2017),¹ and was not otherwise supported by the evidence. Accordingly, we reverse the final judgment and remand for entry of judgment in favor of the Department.

REVERSED and REMANDED with instructions

Wolf, Lewis, and Wetherell, JJ., concur.

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Bluebook (online)

263 So. 3d 1133, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-corrections-v-pate-fladistctapp-2019.

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