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RIBITZKI v. SCHOOL BD. OF HIGHLANDS COUNTY

No. 97-03845.

710 So.2d 226 (1998)

Dolores RIBITZKI, Appellant, v. The SCHOOL BOARD OF HIGHLANDS COUNTY, Appellee.

District Court of Appeal of Florida, Second District.

May 13, 1998.

Attorney(s) appearing for the Case

Mark Herdman of Herdman & Sakellarides, P.A., Palm Harbor, for Appellant.

Clay W. Oberhausen of McCollum, Oberhausen & Tuck, L.L.P., Sebring, for Appellee.

WHATLEY, Acting Chief Judge.

Dolores Ribitzki appeals the order dismissing with prejudice her action against The School Board of Highlands County (the School Board) for unpaid overtime pursuant to the Fair Labor Standards Act (FLSA). The trial court granted the School Board's motion to dismiss "based upon sovereign immunity of the states as provided by the Eleventh Amendment to the United States Constitution." We reverse because this is an incorrect application of...

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