(Download) "Ray v. Ray" by Florida Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Ray v. Ray
- Author : Florida Court of Appeals
- Release Date : January 13, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 46 KB
Description
Nicholas V. Klonis, the plaintiff in the lower tribunal, appeals an order granting the appellees (Florida Department of Revenue) motion to dismiss Kloniss complaint. The appellant contends that the lower court erred, as a matter of law, in concluding that his claim for relief against an agency of the State of Florida pursuant to the Florida Civil Rights Act of 1992 (F.C.R.A.), Chapter 760, Florida Statutes (1997), is barred by the doctrine of sovereign immunity. Finding that sovereign immunity stripped the court of subject-matter jurisdiction, the trial court dismissed the appellants complaint with prejudice and entered a final judgment in favor of the defendant/appellee. Although the appellants claim purportedly was disposed of on jurisdictional grounds, the trial court also found that even if sovereign immunity were inapplicable, the appellant had failed to state a cause of action against the appellee. Concluding that the Florida Legislature has unequivocally waived the defense of sovereign immunity for claims brought under the F.C.R.A., we reverse the trial courts order and final judgment and remand for further proceedings. Although we affirm the lower courts finding that the complaint fails to state a cause of action against the appellee, we remand with instructions to give the appellant an opportunity to amend his complaint.