WILLIE WILLIAMS, APPELLANT,
v.
FLORIDA MEMORIAL COLLEGE, APPELLEE
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An untenured assistant professor of music sued Florida Memorial College for breach of contract and back salary. The court affirmed the trial court's holdings on contract interpretation and compensation for overload courses, but reversed its denial of attorney's fees under Florida's unpaid wages statute.
The court held that: (1) the faculty handbook required notice of intention to reappoint, not notice of non-appointment, so the professor was not entitled to one-year notice; (2) the professor was entitled to the compensation awarded by the trial court for overload courses; and (3) the trial court erred in denying attorney's fees, which are recoverable under Florida Statutes Section 448.08 for the prevailing party in unpaid wages actions.
[1] A faculty handbook requiring notice of intention to reappoint does not entitle an untenured professor to a one-year notice of non-appointment before contract termination.
[2] A professor is entitled to compensation for overload courses they were employed to teach.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Notice of an intention to reappoint was required by the faculty handbook, not a notice of non-appointment.”
Establishes the court's interpretation of the faculty handbook regarding termination procedures
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Join FLexlaw to unlock all legal intelligenceWillie Williams, an untenured assistant professor of music, was employed by Florida Memorial College. The college did not renew his contract. Williams…
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PER CURIAM.
This is an appeal and cross appeal from a final judgment in an action for breach of contract and back salary brought by an untenured assistant professor of music against Florida Memorial College. We have carefully examined the briefs of the parties together with the record on appeal and can discern no reversible error save in one respect. We accordingly affirm in part and reverse in part.
First, the trial court properly construed the faculty handbook to mean that the professor herein was not entitled, as urged, to a one-year notice of non-appointment before the college could terminate the professor by not renewing his contract. Notice of an intention to reappoint was required by the faculty handbook, not a notice of non-appointment.
Second, the professor was clearly employed to teach the overload courses in question and was entitled to the compensation awarded him by the trial court.
Third, the trial court committed reversible error in concluding that attorney’s fees were not legally recoverable in this action under Section 448.08, Florida Statutes (1981), and in denying a request by the professor for attorney’s fees on this basis. The aforesaid statute authorizes, but does not require, an award of attorney’s fees for the prevailing party in an action for unpaid wages. We construe count III of the complaint herein to be an action for unpaid wages, and, accordingly, the trial court had the discretionary authority to award the professor herein attorney’s fees, as he was the prevailing party on this count. Upon remand, the trial court is directed to exercise its discretion and rule on the merits as to the professor’s request for attorney’s fees relating solely to legal services performed in prevailing on count III of the complaint. See Quinones v. State, 448 So. 2d 608, 609 (Fla. 3d DCA 1984); Liza Danielle, Inc. v. Jamko, Inc., 408 So. 2d 735, 737 (Fla. 3d DCA 1982); Symon v.
J. Rolfe Davis, Inc., 245 So. 2d 278, 279 (Fla. 4th DCA), cert. denied, 249 So. 2d 36 (Fla.1971); Childs v. Catlin, 134 Ga.App. 778, 216 S.E. 2d 360, 363 (1975); Sullivan v. Chicago & Northwestern Transportation Co., 326 N.W. 2d 320, 328 (Iowa 1982).
Affirmed in part, reversed in part and remanded.
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Filomena Ruffa v. Saftpay, Inc., 163 So. 3d 711 (Fla. 3d DCA 2015)…l., 739 So. 2d 148, 149 (Fla. 3d DCA 1999), this Court has squarely [*714] held that section 448.08 “authorizes, but does not require, an award of attorney’s fees for the prevailing party in an action for unpaid wages,” Williams v. Fla. Mem’l Coll., 453 So. 2d 541, 542 (Fla. 3d DCA 1984) (emphasis added). The other courts of appeal unanimously agree that an award of fees under section 448.08 is merely permissive in nature — not mandatory — and thus, a trial court’s decision to grant or deny attorney’s fees to…
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Authorities Cited
- Symon v. J. Rolfe Davis, Inc., 245 So. 2d 278 (Fla. 4th DCA 1971)
- Liza Danielle, Inc. v. Jamko, Inc., 408 So. 2d 735 (Fla. 3d DCA 1982)
- J. Rolfe Davis, Inc. v. Symon, 249 So. 2d 36 (Fla. 1971)
- Hubbard v. MT. Sinai Hosp., 249 So. 2d 36 (Fla. 1971)
- Lazro Quinones v. State, 448 So. 2d 608 (Fla. 3d DCA 1984)