Legal Opinion

Smith v. Brevard Optometry Associates

District Court of Appeal of Florida

Decided April 17, 2014No. 5D12-3923Published

1Opinion of the Court

ON MOTION FOR REHEARING

PALMER, J.

We deny the motion for rehearing, but withdraw our previously issued opinion and substitute the following opinion in its place.

Michelle Smith timely appeals the trial court’s order entering summary judgment in favor of Brevard Optometry Associates (BOA). Because there are disputed issues of material fact existing in the record, we reverse.

Smith filed an employment discrimination lawsuit against BOA pursuant to the Florida Civil Rights Act of 1992 (FCRA), sections 760.01-11, Florida Statutes *762(2009). She alleged that BOA fired her because it no longer wanted to…

2Cases cited7 opinions

  1. McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
  2. Texas Department of Community Affairs v. BurdineSupreme Court of the United States · 1981
  3. Major League Baseball v. MorsaniSupreme Court of Florida · 2001
  4. Futch v. Wal-Mart Stores, Inc.District Court of Appeal of Florida · 2008
  5. Valenzuela v. Globeground North America, LLCDistrict Court of Appeal of Florida · 2009

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