University of Miami v. Frank

920 So. 2d 81, 2006 Fla. App. LEXIS 346, 2006 WL 119827
CourtDistrict Court of Appeal of Florida
DecidedJanuary 18, 2006
Docket3D04-477
StatusPublished
Cited by12 cases

This text of 920 So. 2d 81 (University of Miami v. Frank) 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
University of Miami v. Frank, 920 So. 2d 81, 2006 Fla. App. LEXIS 346, 2006 WL 119827 (Fla. Ct. App. 2006).

Opinion

920 So.2d 81 (2006)

UNIVERSITY OF MIAMI, Appellant,
v.
Lee FRANK, M.D., Ph.D., Appellee.

No. 3D04-477.

District Court of Appeal of Florida, Third District.

January 18, 2006.

Isicoff, Ragatz & Koenigsberg, and Eric D. Isicoff and Teresa Ragatz, Miami, for appellant.

Jay M. Levy, Miami; Marlowe J. Blake (Hallandale), for appellee.

Before RAMIREZ, WELLS, and SHEPHERD, JJ.

SHEPHERD, J.

The University of Miami appeals an adverse final summary judgment finding that the University breached its employment contract with Dr. Lee Frank. Based upon a de novo review, see Volusia County v. Aberdeen at Ormond Beach, L.P., 760 So.2d 126 (Fla.2000)(appellate court reviews grant of summary judgment de *82 novo), we conclude the agreement between the parties is unambiguous and affords no relief to Frank. Accordingly, we reverse the judgment in favor of Frank and direct that judgment be granted to the University on its cross-motion.

FACTS

Dr. Lee Frank is a tenured Professor of Medicine in the University of Miami School of Medicine. He joined the UM medical school staff in 1979 as an assistant professor and was awarded tenure in 1985.

In 1975, many years before Frank joined the faculty, the University of Miami Board of Trustees, responding to medical school faculty protests over the uncertainty of the University's financial commitment to its regular full-time faculty in the tenure series, adopted a proposal presented to the Board by the University Faculty Senate[1] to resolve the issue. The central palliative provision agreed upon by the Board and Faculty Senate appears under the heading, "Appointment and Tenure" in the 1985 edition of the Faculty Manual, which the parties agree constitutes the governing document for the resolution of this dispute. It reads as follows:

II. KINDS OF APPOINTMENTS[2]
* * *
B. Regular Appointments with limited financial support
1. This category is limited to those regular tenured appointments in the School of Medicine in which faculty members have their appointments continued from year to year with the University committed to providing them that salary for which the University accepts responsibility. The dollar amount of the tenured salary for each academic rank shall be at least equal to that specified by the University as the minimum for that rank. That amount of financial support for which the University accepts responsibility may not be decreased except in times of financial exigency.[]
2. The President of the University, or his designee, shall determine annually which sources of funds (and in what amounts) the School of Medicine may consider sufficiently secure to use in fulfilling the obligations associated with tenure with limited financial support. ... Research grants and contracts are not considered sufficiently secure to warrant their use in fulfilling the obligations associated with tenure with limited financial support.

(Footnote and emphasis added.)

Before this proposal was adopted and placed in the Faculty Manual, it had been impossible for the University to specify to a tenured member of the School of Medicine the extent of the University's financial commitment. Yet, it was to take another full year until the implementation details could be composed by the School of Medicine *83 Faculty Council and approved by the President of the University. By a May 19, 1976 memorandum to all medical school faculty, Dr. W.J. Whelan, an associate dean in the medical school who had been intimately involved in the negotiations, informed his faculty of the completion of those details:

On May 21, 1975, the Board of Trustees enacted the system of tenure with limited financial support for tenured faculty of the School of Medicine. The system has three main features:
1. The tenured faculty member would be guaranteed a `tenured salary', defined as that salary which the University would guarantee until resignation, termination for cause, death or retirement.
2. The President of the University, or his designee, is required annually to determine which sources of funds (and in what amounts), the School of Medicine shall consider sufficiently secure to support the granting of financial tenure.
3. The dollar amount of the tenured salary for each academic rank shall be at least equal to that specified by the University as the minimum for the rank. That amount of financial support for which the University accepts responsibility may not be decreased except in times of financial exigency, as applicable to all tenured and tenure-earning appointments.

(Emphasis added.)

The memorandum also stated that the amount of each faculty member's "tenured salary" henceforth would be determined by a mathematical formula:

B. In regard to item 3, the dollar amount of the tenured salary shall be related to a person's current highest salary as follows:
75% of the first $40,000 of salary, and
50% of salary in excess of $40,000.

Eight days later, Whelan sent a second memorandum to his colleagues, explaining how the new compensation system would be shown on each faculty member's annual contract:

With the approval of the method of implementation of the system of tenure with limited financial support, as explained in my memorandum of 19 May 1976, we are now showing the tenured salary on the face of each tenured faculty member's contract.
This sum is calculated in terms of the current highest salary and is arrived at by taking 75% of the first $40,000 of salary, plus 50% of any salary in excess of $40,000.
* * *
The sum of money shown as the tenured salary is the minimum total salary, defined as above, and paid through the University payroll system and/or by the external agency, that the faculty member will receive during 1976-77, and may not be decreased except in times of financial exigency, as applicable to all tenured appointments.[3]

*84 (Footnote and emphasis added.) A review of the record in this case demonstrates there have been no material changes to this compensation system for the tenured faculty associated with the University of Miami School of Medicine since that time.

Ever since he was awarded tenure in 1985, Frank's employment as a tenured professor in the medical school was confirmed annually with a document entitled "Regular Appointment — Tenured", which set forth his salary for the upcoming year.[4] For the fiscal year beginning June 1, 1992, the confirmation document read as follows:

UNIVERSITY OF MIAMI
REGULAR APPOINTMENT — TENURED
To: Frank MD PHD, Lee Date: July 30, 1992
[]
I am pleased to inform you that your BASE salary[5] for the period June 01, 1992 THRU May 31, 1993 will be $84,800 to be paid from the following accounts:
VARIOUS
YOUR TENURED SALARY FOR THIS PERIOD IS: 52,400
This letter acknowledges your tenured status on the faculty and that your rank will be as
PROFESSOR
in the Department of MEDICINE

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Bluebook (online)
920 So. 2d 81, 2006 Fla. App. LEXIS 346, 2006 WL 119827, Counsel Stack Legal Research, https://law.counselstack.com/opinion/university-of-miami-v-frank-fladistctapp-2006.