final until disposition of timely filed motion for rehearing.
Appeal from the Circuit Court for Monroe County, Mark H.
Jones, Judge. Lower Tribunal No. 10-298-K
Powell Law Firm, P.A. and Brett C. Powell, for appellant.
Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A.,
and Michael T. Burke and Hudson C. Gill (Fort Lauderdale),
SUAREZ, C.J., and LAGOA and SALTER, JJ.
Reitzel ("Reitzel") appeals from the trial
court's order granting summary judgment in favor of
appellee, the School Board of Monroe County, Florida
("School Board"). Because genuine issues of
material fact exist, we reverse and remand.
judgement is improper unless the record demonstrates that
there are no genuine issues of material fact and that the
moving party is entitled to judgment as a matter of law.
Here, genuine material issues of fact remain as to whether
Reitzel voluntarily decided to retire and whether the School
Board had good cause for Reitzel's termination.
Accordingly, we reverse the trial court's entry ...