Legal Opinion
Atha v. Allen P. Van Overbeke, D.M.D., P.A.
District Court of Appeal of Florida
Decided March 10, 2017No. Case 2D16-131PublishedCited by 2 opinions
1Opinion of the Court
SILBERMAN, Judge.
Julie Atha seeks review of the order dismissing her second amended complaint against her former employer, Allen P. Van Overbeke, D.M.D., P.A., with prejudice. The trial court determined that Atha failed to plead a facially sufficient violation of section 440.205, Florida Statutes (2011), for workers’ compensation retaliation. We conclude that the complaint as a whole pleaded a legally sufficient violation of section 440.205 and reverse.
Florida Rule of Civil Procedure 1.110(b) provides that in order to be legally sufficient, a complaint must contain “a short and plain…
2Cases cited8 opinions
- Clark County School District v. BreedenSupreme Court of the United States · 2001
- Debbie Jaine Higdon v. Jerry JacksonCourt of Appeals for the Eleventh Circuit · 2004
- Russell v. KSL Hotel Corp.District Court of Appeal of Florida · 2004
- Andrews v. Direct Mail Express, Inc.District Court of Appeal of Florida · 2009
- Ferguson Enterprises, Inc. v. Astro Air Conditioning & Heating, Inc.District Court of Appeal of Florida · 2014
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3Cited by2 opinions
- C. HAYWARD CHAPMAN AND JACQUELINE CHAPMAN v. TOWN OF REDINGTON BEACH, FLORIDADistrict Court of Appeal of Florida · 2019
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