EARL CARPENTER, APPELLANT,
v.
METROPOLITAN DADE COUNTY, APPELLEE

Fla. 3d DCA | 1985-07-02
Nos. 84-1068, 84-1391
Before HENDRY, NESBITT and BAS-KIN, JJ.
472 So. 2d 795 Florida District Court of Appeal, Third District (1985)

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Holding

The court held that even if the trial court relies on erroneous reasons, its decision will be affirmed if supported by an alternative theory.


Facts & Procedural History

Carpenter, a transit authority employee, sued for declaratory relief regarding reinstatement and back pay. His claim was filed beyond the applicable l…

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Opinion of the Court
PER CURIAM.

[*796] PER CURIAM.

Earl Carpenter appeals a summary judgment entered in favor of Metropolitan Dade County [County]. Carpenter, a Metropolitan Dade County Transit Authority employee, instituted an action for declaratory relief and sought a determination of his rights to retroactive reinstatement and damages in the form of back pay. We affirm.

Although Carpenter’s complaint purported to seek a declaratory statement of his rights, his claim actually constituted an action for back wages filed beyond the applicable limitations period. § 95.11(4)(c), Fla.Stat. (1979).

Even if the trial court relies on erroneous reasons in reaching its decision, the decision will be affirmed if it is supported by an alternative theory. Applegate v. Barnett Bank, 377 So. 2d 1150 (Fla.1979); Petrulli v. Approved Dry Wall Construction, Inc., 284 So. 2d 27 (Fla. 3d DCA 1973), cert. denied, 292 So. 2d 18 (Fla.1974).

The trial court properly granted attorney’s fees to the County, the prevailing party in this action. § 448.08, Fla.Stat. (1979).

Affirmed.


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