Nahoom v. Florida League of Cities Incorporated

• Court: District Court of Appeal of Florida
• Decided: March 5, 2025
• Docket: 1D2023-1440
• Status: Published

Opinion

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________

No. 1D2023-1440 _____________________________

MICHAEL NAHOOM,

Appellant,

v.

FLORIDA LEAGUE OF CITIES, INCORPORATED,

Appellee. _____________________________

On appeal from the Circuit Court for Leon County. J. Lee Marsh, Judge.

March 5, 2025

PER CURIAM.

AFFIRMED. Gessner v. Southern Co., 396 So. 3d 908 (Fla. 1st DCA 2024) (holding that a plaintiff claiming private whistleblower protection under section 448.102(3), Florida Statutes, must allege an actual violation of a law, rule, or regulation, not just a “suspected violation,” in order to survive summary judgment); see also § 448.102(1), Fla. Stat. (“An employer may not take any retaliatory personnel action against an employee because the employee has: (1) Disclosed, or threatened to disclose, to any appropriate governmental agency, under oath, in writing, an activity, policy, or practice of the employer that is in violation of a law, rule, or regulation.” (emphasis supplied)); Washington v. Florida Dept. of Revenue, 337 So. 3d 502, 509 (Fla. 1st DCA 2022) (“To establish a prima facie case under the Whistle-blower’s Act, a plaintiff must show that (1) prior to his or her termination, he or she made a disclosure protected by the Act . . . .” (emphasis supplied)).

ROWE, WINOKUR, and NORDBY, JJ., concur.

_____________________________

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________

Marie A. Mattox and Ashley N. Richardson of Marie A. Mattox, P.A., Tallahassee, for Appellant.

Jeffrey D. Slanker and Michael P. Spellman of Sniffen & Spellman, P.A., Tallahassee, for Appellee; Cristine M. Russell of Rogers Towers, P.A., Jacksonville, for Amicus Curiae The Academy of Florida Management Attorneys, Inc.