Florida District Courts of Appeal, 1999

Tytler v. Palm Beach County School Board

Tytler v. Palm Beach County School Board
Florida District Courts of Appeal · Decided November 10, 1999 · Gross, Joyce, Julian, Stone
743 So. 2d 1209; 1999 Fla. App. LEXIS 14838; 1999 WL 1016274 (Southern Reporter, Second Series)

Tytler v. Palm Beach County School Board

Opinion of the Court

PER CURIAM.

We reverse the order dismissing appellant’s complaint with prejudice. The collective bargaining agreement did not make binding arbitration mandatory. See, e.g., Sublett v. District Sch. Bd. of Sumter County, 617 So.2d 374, 377 (Fla. 5th DCA 1993). Moreover, the administrative process could not provide appellant with the remedy sought in the complaint, money damages. See, e.g., Berkowitz v. City of Tamarac, 654 So.2d 982, 983 (Fla. 4th DCA 1995). The availability of qualified immunity as a defense in this case should have been decided on summary judgment, not on a motion to dismiss.

STONE, GROSS, JJ„ and JULIAN, JOYCE A., Associate Judge, concur.

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