Public-domain · open source
OpenJurist

606 So. 2d 698

Kilpatrick v. Dade County School Board

District Court of Appeal of Florida

Decided October 6, 1992

District Court of Appeal of Florida · decided 1992-10-06

Relies on Lingle v. Norge Division of Magic Chef, Inc. · State Ex Rel. Pensacola News-Journal, Inc. v. Fleet · 378 So. 2d 20 - City of Miami v. Fraternal Order of Police

Decided 1992-10-06

PER CURIAM.

¶1Linda 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).

¶2Appellant’s reliance on Kresse v. City of Hialeah, 539 So.2d 534 (Fla. 3d DCA 1989), is misplaced. Kresseholds 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 Kresseexception *699is a very limited one and is not applicable here.

¶3The order under review is affirmed.

/606/so2d/698 · .json · Public domain