MARIE ANDRE v. TARGET ( 2023 )


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  •       Third District Court of Appeal
    State of Florida
    Opinion filed January 11, 2023.
    Not final until disposition of timely filed motion for rehearing.
    ________________
    No. 3D22-296
    Lower Tribunal Nos. FCHR Order No. 21-083, FCHR 2020-25804, DOAH
    21-0059, EEOC 15D2020000989
    ________________
    Marie Andre,
    Appellant,
    vs.
    Target,
    Appellee.
    An Appeal from the Florida Commission on Human Relations.
    Marie Andre, in proper person.
    Littler Mendelson, P.C., and Stefanie Mederos and Alan Persaud, for
    appellee.
    Before EMAS, HENDON and GORDO, JJ.
    PER CURIAM.
    Affirmed. See Mavroleon v. Orrego, 47 Fla. L. Weekly D2167, 
    2022 WL 14672755
    , at *3 (Fla. 3d DCA Oct. 26, 2022) (“Florida courts, however,
    will enforce the terms of contracts that are knowingly and voluntarily
    executed because Floridians have a right to secure their own destiny and a
    right to expect that their lawfully enacted contracts will be enforced”) (citing
    Allied Van Lines, Inc. v. Bratton, 
    351 So. 2d 344
    , 347-48 (Fla. 1977) (“It has
    long been held in Florida that one is bound by his contract. Unless one can
    show facts and circumstances to demonstrate that she was prevented from
    reading the contract, or that he was induced by statements of the other party
    to refrain from reading the contract, it is binding. No party to a written
    contract in this state can defend against its enforcement on the sole ground
    that he signed it without reading it”)). See also Myricks v. Fed. Reserve Bank
    of Atlanta, 
    480 F.3d 1036
    , 1040-41 (11th Cir. 2007) (affirming a plaintiff
    knowingly and voluntarily released his pending Title VII claims when he
    signed a severance agreement) (citing Puentes v. UPS, 
    86 F.3d 196
    , 198
    (11th Cir. 1996) (“When an employee knowingly and voluntarily releases an
    employer from liability for Title VII and § 1981 claims with a full understanding
    of the terms of the agreement, he is bound by that agreement.”))
    2
    

Document Info

Docket Number: 22-0296

Filed Date: 1/11/2023

Precedential Status: Precedential

Modified Date: 1/11/2023