SYCAMORE v. FLORIDA ATLANTIC UNIVERSITY (1997)

District Court of Appeal of Florida,Fourth District.

James N. SYCAMORE, Appellant, v. FLORIDA ATLANTIC UNIVERSITY, acting For and on Behalf of The Board of Regents, a public corporation of the State of Florida, Anthony J. Catanese and Ondina Felipe, Appellees.

No. 96-2010.

Decided: April 16, 1997

John W. Bowen, Largo, for appellant. Ondina Felipe, General Counsel and Lynda Quillen, Associate General Counsel, Boca Raton, for appellees.

The employment contract between appellant and the university adopted the terms of the parties' settlement agreement as a special condition. By that agreement, appellant unconditionally tendered his resignation to the university, which accepted it for a time certain, several years after the execution of the documents. This resignation is inconsistent with appellant's entitlement to participate in the phased retirement program, which contemplates a continuation of the employment relationship between a faculty member and the university. We affirm the summary final judgment entered in favor of appellees.

PER CURIAM.

WARNER, POLEN and GROSS, JJ., concur.

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