Polk State College District Board of Trustees v. Fisher
A student filed a putative class action against Polk State College seeking pro rata refunds of student fees after COVID-19 closed the physical campus, attaching only fee schedules and alleging other express contracts existed in the college's possession. The Sixth DCA held that the fee schedules/invoices were not express written contracts and that generalized allegations that unidentified express contracts could be uncovered in discovery cannot defeat sovereign immunity, reversing the denial of the motion to dismiss.
Key facts
- Student filed a putative class action against Polk State College seeking pro rata refunds of student fees after COVID-19 closures of the physical campus, attaching only fee schedules and alleging other unidentified express contracts existed in the college's possession.
- The trial court denied the college's motion to dismiss on sovereign immunity grounds.
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Why it matters
This decision gives government defendants a strong tool to obtain early dismissal of contract claims by rejecting 'let me take discovery to find the contract' pleading in the sovereign-immunity context, reinforcing that… — full analysis with a trial
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