District Court of Appeal of Florida

In a suit brought by plaintiff for retaliation in violation of the Florida Civil Rights Act, grant of a judgment notwithstanding the verdict (JNOV) for defendant-employer is reversed where: 1) the trial court improperly added an additional requirement to plaintiff's burden of proving a prima facie case of retaliation; and 2) assuming, but not deciding, that the trial court was correct that a showing of good faith was an element of plaintiff's burden of proof, the jury's verdict in the instant case nevertheless was supported by evidence or inferences that she filed her claim of retaliation in good faith.

Appellate Information

• Decided 12/01/2006
• Published 12/01/2006

Judges

• PALMER, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellees:
  
• N. James Turner, of N. James Turner, Esq., P.A., Orlando, for Appellant/Cross-Appellee., Marc P. Ossinsky of Ossinsky & Cathcart, P.A., Winter Park, for Appellee/Cross-Appellant.