472 So. 2d 795 - Carpenter v. Metropolitan Dade County

How this case has been cited

Cited by 6 later decisions — most recently July 2010

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Hershoff & Levy and Jay Levy, Miami, for appellant.

¶2Robert A. Ginsburg, Co. Atty., and John McInnis, Asst. Co. Atty., for appellee.

¶3Before HENDRY, NESBITT and BASKIN, JJ.

¶4 *796 PER CURIAM.

¶5Earl Carpenter appeals a summary judgment entered in favor of Metropolitan Dade County [County]. Carpenter, a Metropolitan Dade County Transit Authority employee, instituted an action for declaratory relief and sought a determination of his rights to retroactive reinstatement and damages in the form of back pay. We affirm.

¶6Although Carpenter's complaint purported to seek a declaratory statement of his rights, his claim actually constituted an action for back wages filed beyond the applicable limitations period. § 95.11(4)(c), Fla. Stat. (1979).

¶7Even if the trial court relies on erroneous reasons in reaching its decision, the decision will be affirmed if it is supported by an alternative theory. Applegate v. Barnett Bank,377 So.2d 1150 (Fla. 1979); Petrulli v. Approved Dry Wall Construction, Inc.,284 So.2d 27 (Fla. 3d DCA 1973), cert. denied,292 So.2d 18 (Fla. 1974).

¶8The trial court properly granted attorney's fees to the County, the prevailing party in this action. § 448.08, Fla. Stat. (1979).

¶9Affirmed.