Florida District Courts of Appeal, 1991

Bellamy v. Holcomb

Florida District Courts of Appeal · Decided March 13, 1991 · Downey, Opinions, Polen, Stone

577 So. 2d 609; 1991 Fla. App. LEXIS 2183; 1991 WL 32119 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

The judgment of dismissal with prejudice is affirmed in all respects.

DOWNEY, J., concurs. STONE and POLEN, JJ., concur specially with opinions.

Concurring Opinion

STONE, Judge,

concurring specially.

In my judgment, the issue addressed by the proposed certified question is properly one for legislative determination.

Concurring Opinion

POLEN, Judge,

concurring specially.

While I agree that the judgment of dismissal with prejudice must be affirmed, I would certify the following question to the Supreme Court of Florida as being of great public importance:

SHOULD A CAUSE OF ACTION BE RECOGNIZED FOR TORTIOUS WRONGFUL DISCHARGE (FROM EMPLOYMENT OTHERWISE TERMINABLE AT WILL), IN VIOLATION OF PUBLIC POLICY WHERE AN EMPLOYEE IS FIRED BECAUSE OF HER PARTICIPATION IN A LAWSUIT WHICH REQUIRES THAT THE EMPLOYEE’S EARNING RECORDS BE PRODUCED BY THE EMPLOYER PURSUANT TO A SUBPOENA?

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