Opinion
No. 1D22-1030
08-09-2023
Rachel BURKE, Appellant, v. SANTA FE COLLEGE DISTRICT BOARD OF TRUSTEES, Appellee.
Adam A. Schwartzbaum, Adam M. Moskowitz, Howard M. Bushman, and Barbara C. Lewis of The Moskowitz Law Firm, Coral Gables, for Appellant. Douglas F. Eaton of Eaton & Wolk, P.L., Miami, for Appellant. Janet R. Varnell of Varnell & Warwick, P.A., Tampa, Amicus Curiae, National Association of Consumer Advocates in support of Appellant. Patti Locascio, General Counsel, Sante Fe College, Gainesville; Eric Kay, Dwayne Robinson, and Javier Lopez of Kozyak Tropin & Throckmorton LLP, Miami, for Appellee.
Adam A. Schwartzbaum, Adam M. Moskowitz, Howard M. Bushman, and Barbara C. Lewis of The Moskowitz Law Firm, Coral Gables, for Appellant.
Douglas F. Eaton of Eaton & Wolk, P.L., Miami, for Appellant.
Janet R. Varnell of Varnell & Warwick, P.A., Tampa, Amicus Curiae, National Association of Consumer Advocates in support of Appellant.
Patti Locascio, General Counsel, Sante Fe College, Gainesville; Eric Kay, Dwayne Robinson, and Javier Lopez of Kozyak Tropin & Throckmorton LLP, Miami, for Appellee.
Per Curiam. AFFIRMED . See Univ. of Fla. Bd. of Trs. v. Rojas , 351 So. 3d 1167, 1169–72 (Fla. 1st DCA 2022) (holding that sovereign immunity barred the breach of contract claim, which was based on the University's failure to offer on-campus services or to refund related fees for semesters while its on-campus facilities were closed due to COVID-19, because the documents attached to the complaint did not constitute an express written contract where they did not contain any language obligating the University to provide specific, on-campus services during any specific time or to refund fees when any such services were paused, limited, or cancelled).
Lewis, Nordby, and Tanenbaum, JJ., concur.