U.S. Court of Appeals for the Eleventh Circuit, 2009

Judith A. Bunnell v. J.C. Penney Corporation, Inc.

Judith A. Bunnell v. J.C. Penney Corporation, Inc.
U.S. Court of Appeals for the Eleventh Circuit · Decided March 17, 2009 · Barkett, Fay, Per Curiam, Trager
319 F. App'x 821

Judith A. Bunnell v. J.C. Penney Corporation, Inc.

Opinion

PER CURIAM:

Judith Bunnell appeals from an adverse summary judgment in favor of J.C. Penney on her complaint alleging age discrimination, in violation of the Florida Civil Rights Act of 1992, Fla. Stat. § 760.10(l)(a) (“FCRA”). The parties do not dispute that Bunnell established a prima facie case. The only issue here is whether the district court erred in granting Penney’s motion for summary judgment on the basis that Penney’s reason for terminating Bun-nell’s employment was not a pretext for age discrimination.

Upon review of the record, we find disputed issues of material fact that preclude summary judgment. Thus, we vacate the summary judgment and remand for further proceedings.

VACATED and REMANDED.

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