Lee County Port Authority v. Wright

District Court of Appeal of Florida

Lee County Port Authority v. Wright

653 So. 2d 1104, 1995 Fla. App. LEXIS 4060, 1995 WL 228278

CourtDistrict Court of Appeal of Florida

DecidedApril 19, 1995

DocketNo. 94-02785

StatusPublished

Cited by4 cases

This text of 653 So. 2d 1104 (Lee County Port Authority v. Wright) 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

Lee County Port Authority v. Wright, 653 So. 2d 1104, 1995 Fla. App. LEXIS 4060, 1995 WL 228278 (Fla. Ct. App. 1995).

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Opinion

PER CURIAM.

The Lee County Port Authority appeals a final summary judgment which ordered the Authority to rehire Jimmie R. Wright, a terminated employee. We reverse because the record contains no evidence that Wright was other than an “at will” employee with no protected property interest in his employment.

Wright’s complaint alleged that he was terminated from his employment “with no notice whatsoever” which “deprived him of a legitimate property interest in employment without any vestige of due process....” The evidence offered in support of his motion for summary judgment, however, did not show any factual basis for the alleged property interest. Wright did not show that his employment relationship with the Authority was subject to any employment contract or statute or set of rules which either specified a term of employment or gave rise to an expectation of continued employment, such that Wright possessed a property interest of which he could not be deprived without due process. See Perry v. Sindermann, 408 U.S. 598, 96 S.Ct. 2094, 48 L.Ed.2d 570 (1972).

The summary judgment entered in favor of Wright is reversed, and the cause is remanded for further proceedings.

THREADGILL, A.C.J., and BLUE and FULMER, JJ., concur.

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PER CURIAM.

The Lee County Port Authority appeals a final summary judgment which ordered the Authority to rehire Jimmie R. Wright, a terminated employee. We reverse because the record contains no evidence that Wright was other than an “at will” employee with no protected property interest in his employment.

Wright’s complaint alleged that he was terminated from his employment “with no notice whatsoever” which “deprived him of a legitimate property interest in employment without any vestige of due process....” The evidence offered in support of his motion for summary judgment, however, did not show any factual basis for the alleged property interest. Wright did not show that his employment relationship with the Authority was subject to any employment contract or statute or set of rules which either specified a term of employment or gave rise to an expectation of continued employment, such that Wright possessed a property interest of which he could not be deprived without due process. See Perry v. Sindermann, 408 U.S. 598, 96 S.Ct. 2094, 48 L.Ed.2d 570 (1972).

The summary judgment entered in favor of Wright is reversed, and the cause is remanded for further proceedings.

THREADGILL, A.C.J., and BLUE and FULMER, JJ., concur.

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Bluebook (online)

653 So. 2d 1104, 1995 Fla. App. LEXIS 4060, 1995 WL 228278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lee-county-port-authority-v-wright-fladistctapp-1995.

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