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Ribitzki v. Sch. Bd., Highlands Co.

District Court of Appeal of Florida, Second District
May 13, 1998
710 So. 2d 226 (Fla. Dist. Ct. App. 1998)

Summary

holding that the Eleventh Amendment does not immunize the state from an FLSA action in state court

Summary of this case from Alden v. State

Opinion

No. 97-03845

Opinion filed May 13, 1998.

Appeal from the Circuit Court for Highlands County; J. Dale Durrance, Judge.

Mark Herdman of Herdman Sakellarides, P.A., Palm Harbor, for Appellant.

Clay W. Oberhausen of McCollum, Oberhausen Tuck, L.L.P.,. Sebring, for Appellee.


Dolores Ribitzki appeals the order dismissing with prejudice her action against The School Board of Highlands County (the School Board) for unpaid overtime pursuant to the Fair Labor Standards Act (FLSA). The trial court granted the School Board's motion to dismiss "based upon sovereign immunity of the states as provided by the Eleventh Amendment to the United States Constitution." We reverse because this is an incorrect application of the Eleventh Amendment.

"No Eleventh Amendment question is present, of course, where an action is brought in a state court since the Amendment, by its terms, restrains only `[t]he Judicial power of the United States.'" Maine v. Thiboutot, 448 U.S. 1, 9 n.7 (1980). Accord Hilton v. South Carolina Pub. Rys. Comm'n, 502 U.S. 197 (1991). Thus, the Eleventh Amendment does not immunize the School Board from an FLSA action brought in state court.

Accordingly, we reverse and remand for reinstatement of Ribitzki's complaint.

NORTHCUTT and CASANUEVA, JJ., Concur.


Summaries of

Ribitzki v. Sch. Bd., Highlands Co.

District Court of Appeal of Florida, Second District
May 13, 1998
710 So. 2d 226 (Fla. Dist. Ct. App. 1998)

holding that the Eleventh Amendment does not immunize the state from an FLSA action in state court

Summary of this case from Alden v. State
Case details for

Ribitzki v. Sch. Bd., Highlands Co.

Case Details

Full title:DOLORES RIBITZKI, Appellant, v. THE SCHOOL BOARD OF HIGHLANDS COUNTY…

Court:District Court of Appeal of Florida, Second District

Date published: May 13, 1998

Citations

710 So. 2d 226 (Fla. Dist. Ct. App. 1998)

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