401 So. 2d 888 | Fla. Dist. Ct. App. | 1981
Dunham appeals from an order of the trial court dismissing Count I of her second amended complaint on the grounds that she had elected her remedy by participating in an administrative proceeding after this suit was filed, and that the court lacked jurisdiction over the subject matter. Count I alleged a cause of action against the Brevard County School Board for sex discrimination in employment under the Fair Labor Standards Act
That holding is the “law of this case.” Implicit in the mandate of the earli
“Sovereign immunity” and “subject matter jurisdiction” were specifically argued to the trial court in the prior motion to dismiss and they were therefore settled adversely to appellee by the prior appeal. The “election of remedies” ground was available to the appellee for argument at the time of the prior dismissal, since the record shows Dunham had engaged in an administrative kind of hearing. It also should be barred.
REVERSED and REMANDED with directions for further proceedings in accordance with this opinion.
. 29 U.S.C. § 206(d)(1).
. Dunham v. Brevard County School Board, 372 So.2d 516 (Fla. 4th DCA 1979).
. Fla.R.Civ.P. 1.140.
. Fair Labor Standards Act of 1938, 29 U.S.C. § 216 as amended 1977.