Florida Court Of Appeals To Review UF Reimbursement Case

 

An appeals court on Wednesday considered whether to certify a potential class action lawsuit alleging that  the University of Florida should reimburse students for tuition due to the school's closure at the start of  the COVID-19 pandemic.  

The university went to the 1st District Court of Appeals after a judge around Alachua County  refused to dismiss the case. This is one of many similar lawsuits in Florida and across the country aimed at recovering money for students who are forced to study remotely in 2020.  

Robert Sniffen, an attorney for the University of Florida, argued that the case should be dismissed because of sovereign immunity, a legal concept that typically protects government agencies from liability. 

Sniffen told a panel of three judges at the Tallahassee Court of Appeal: “Describing a university as an evil entity, that it takes money from students, is nonsense. "The university has had to step back to try to move teaching online because of a global pandemic." 

But Adam Moskowitz,  attorney for plaintiff Anthony Rojas, said UF students had to pay for transportation, health care and athletics  that were not provided due to the closure. The lawsuit seeks reimbursement for those costs, not tuition.  

Moskowitz said students must pay the fee or they will not be able to enroll. He said that if students refuse to pay, “There's no arguing… they'll be kicked out of  school in two seconds. They are not allowed to stay. 

A key issue in this case is whether the university is in breach of its contract with the student by not providing on-campus services. While sovereign immunity generally protects government agencies from lawsuits, it does not protect against breach of contract claims.  Moskowitz points to the requirement that students pay a fee to enroll as proof of a "fast track contract" between Rojas and the university. He also said Rojas,  a graduate student in 2020, had invoices from the university detailing the fees. 

"I (Rojas) pay this fee. I don't understand that, so I want a refund," Moskowitz said.  But Sniffen countered that  fees for securing services, such as transportation fees, could be used for  things like returning parking  or buying a bus. 

These fees are designed for many things," says Sniffen. 

Judge Scott Makar, however, cast doubt on that argument. "Students are entitled to  something in return for what they pay, right? Makar said. "Sounds like you're saying, they get what they get." 

The judges also said they were just considering whether the case should be dismissed. If they deny the university's request, the case will be sent  to the circuit court for  trial, where the parties will likely fight more comprehensively on issues such as the existence of a contract. 

It's unclear when the panel might issue a ruling, but other appellate courts have taken different views on similar cases. 

On June 1, a panel of the 2nd Circuit Court of Appeals refused to dismiss a similar lawsuit against the University of South Florida. Meanwhile, the 3rd District Court of Appeals in April ordered the dismissal of a tuition refund lawsuit filed with Miami Dade College.