SUNBEAM TELEVISION CORP. v. MITZEL

No. 3D11-249.

83 So.3d 865 (2012)

SUNBEAM TELEVISION CORPORATION, Appellant, v. Marilyn A. MITZEL, Appellee.

District Court of Appeal of Florida, Third District.

January 18, 2012.


Attorney(s) appearing for the Case

Ross & Girten and Lauri Waldman Ross , Miami; Duane Morris and Michael W. Casey, III , Miami, for appellant.

Amlong & Amlong, William R. Amlong , Kareb Coolman Amlong and Jennifer Daley , Fort Lauderdale, for appellee.

Before WELLS, C.J., CORTIÑAS, and ROTHENBERG, JJ.


WELLS, Chief Judge.

Sunbeam Television Corporation appeals from a final judgment awarding damages on a discrimination claim in favor of Marilyn A. Mitzel, a reporter whose contract Sunbeam opted to terminate. We conclude that the trial court erred when, years into the litigation, it permitted Mitzel to change the theory of her case from one of strictly age discrimination, as reflected in her charge to the FCHR and EEOC1 and in her complaint...

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