Opinion

Kilpatrick v. Dade County School Board

  • 606 So. 2d 698
  • 1992 Fla. App. LEXIS 10476
  • 1992 WL 259783
Court
District Court of Appeal of Florida
Filed
Oct 6, 1992
Status
Published
On the bench
Baskin, Cope, Goderich
Cited by
0 cases
Authority
More cited than 0.0%

The opinion

PER CURIAM.

Linda Kilpatrick appeals an adverse summary judgment in her action for breach of employment contract. Summary judgment was correctly entered for failure of appellant to exhaust applicable grievance and administrative remedies. See City of Miami v. Fraternal Order of Police, 378 So.2d 20 (Fla. 3d DCA 1979), cert. denied, 388 So.2d 1113 (Fla.1980).

Appellant’s reliance on Kresse v. City of Hialeah, 539 So.2d 534 (Fla. 3d DCA 1989), is misplaced. Kresse holds that an employee need not file a grievance under a collective bargaining agreement where the employee makes a claim directly under the statutory anti-retaliation provision of the worker’s compensation law. Id. at 535 ; see also Lingle v. Norge Division of Magic Chef, Inc., 486 U.S. 399 , 108 S.Ct. 1877 , 100 L.Ed.2d 410 (1988). The Kresse exception *699 is a very limited one and is not applicable here.

The order under review is affirmed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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