Hubbard v. City of Boca Raton

District Court of Appeal of Florida

Hubbard v. City of Boca Raton

839 So. 2d 747, 2003 Fla. App. LEXIS 741, 2003 WL 187117

CourtDistrict Court of Appeal of Florida

DecidedJanuary 29, 2003

DocketNo. 4D01-4956

StatusPublished

Cited by3 cases

This text of 839 So. 2d 747 (Hubbard v. City of Boca Raton) 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.

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Hubbard v. City of Boca Raton, 839 So. 2d 747, 2003 Fla. App. LEXIS 741, 2003 WL 187117 (Fla. Ct. App. 2003).

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Opinion

PER CURIAM.

Wavernita Hubbard, the appellant, sued her former employer, the City of Boca Raton, alleging that her employment had been terminated in retaliation for filing workers’ compensation claims, in violation of section 440.205, Florida Statutes. The trial court entered summary judgment in favor of the employer. We reverse as the employer failed to conclusively demonstrate that Hubbard’s workers’ compensation claims were not a substantial factor in the employer’s termination decision. See Rivera v. Saffold, 606 So.2d 1249 (Fla. 2d DCA 1992)(reversing summary judgment in favor of employer where the record raised a question as to the employer’s motivation for firing employee); see also Fine Arts Museums Found, v. First Nat'l in Palm Beach, 633 So.2d 1179, 1181 (Fla. 4th DCA 1994)(“If the record raises the slightest doubt that an issue might exist, then summary judgment is improper.”)(citing Holland v. Verheul, 583 So.2d 788, 789 (Fla. 2d DCA 1991)).

REVERSED and REMANDED.

KLEIN, STEVENSON, JJ., and BAILEY, JENNIFER D., Associate Judge, concur.

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PER CURIAM.

Wavernita Hubbard, the appellant, sued her former employer, the City of Boca Raton, alleging that her employment had been terminated in retaliation for filing workers’ compensation claims, in violation of section 440.205, Florida Statutes. The trial court entered summary judgment in favor of the employer. We reverse as the employer failed to conclusively demonstrate that Hubbard’s workers’ compensation claims were not a substantial factor in the employer’s termination decision. See Rivera v. Saffold, 606 So.2d 1249 (Fla. 2d DCA 1992)(reversing summary judgment in favor of employer where the record raised a question as to the employer’s motivation for firing employee); see also Fine Arts Museums Found, v. First Nat'l in Palm Beach, 633 So.2d 1179, 1181 (Fla. 4th DCA 1994)(“If the record raises the slightest doubt that an issue might exist, then summary judgment is improper.”)(citing Holland v. Verheul, 583 So.2d 788, 789 (Fla. 2d DCA 1991)).

REVERSED and REMANDED.

KLEIN, STEVENSON, JJ., and BAILEY, JENNIFER D., Associate Judge, concur.

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839 So. 2d 747, 2003 Fla. App. LEXIS 741, 2003 WL 187117, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hubbard-v-city-of-boca-raton-fladistctapp-2003.

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