State v. Pate, 011019 FLCA1, 1D17-4562

Docket Nº:1D17-4562
Opinion Judge:PER CURIAM. JUDGE
Party Name:State of Florida, Department of Corrections, Appellant, v. Tammy Pate, Appellee.
Attorney:Ashley Brooke Moody, Attorney General, and Glen A. Bassett, Assistant Attorney General, Tallahassee, for Appellant. Marie A. Mattox, Marie A. Mattox P.A., Tallahassee, for Appellee.
Judge Panel:Wolf, Lewis, and Wetherell, JJ., concur.
Case Date:January 10, 2019
Court:Florida Court of Appeals, First District
 
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State of Florida, Department of Corrections, Appellant,

v.

Tammy Pate, Appellee.

No. 1D17-4562

Florida Court of Appeals, First District

January 10, 2019

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

On appeal from the Circuit Court for Leon County. James O. Shelfer, Judge.

Ashley Brooke Moody, Attorney General, and Glen A. Bassett, Assistant Attorney General, Tallahassee, for Appellant.

Marie A. Mattox, Marie A. Mattox P.A., Tallahassee, for Appellee.

PER CURIAM. JUDGE

The Department of Corrections appeals the final judgment in favor of Appellee in this retaliatory discharge case. The Department argues that the trial court erred in denying its motions for directed verdict because Appellee failed to prove a causal link between her firing and a prior discrimination suit she filed against the Department. We agree because the "cat's paw" theory of liability advanced by Appellee at trial is largely foreclosed by this court's decision in State v. Bracewell, 220 So.3d 1228 (Fla. 1st DCA 2017), 1 and was not otherwise supported by the evidence. Accordingly, we reverse the final judgment and remand for...

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