Florida District Courts of Appeal, 2007

Bright v. Department of Education

Florida District Courts of Appeal · Decided November 30, 2007 · Barfield, Hawkes, Wolf

969 So. 2d 1169; 2007 Fla. App. LEXIS 18779; 2007 WL 4206688 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

We find the Family Medical Leave Act (FMLA), 29 U.S.C. §§ 2601-2654 does not preempt the award of attorney’s fees to a defendant pursuant to section 768.79, Florida Statutes (2006), and Florida Rule of Civil Procedure 1.442. See Marcy v. DaimlerChrysler Corp., 921 So.2d 781 (Fla. 5th DCA 2006). AFFIRMED.

BARFIELD, WOLF, and HAWKES, JJ., concur.

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