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In Lutheran Services of Florida, Inc. v. Davis (2d DCA), Florida’s Second District Court of Appeal delivered a reminder that every litigator needs to internalize: you can’t win on a theory you never pled.
The case arose from a dispute over the termination of Dr. Ricardo Davis, who served as Executive Director of a Head Start program administered by Lutheran Services. Davis alleged his termination was improper under federal Head Start policies, which are tied to the use of federal funds by private service providers.
Initially, Davis framed his claim under a third-party beneficiary theory — arguing that the organization, by accepting federal funds, was contractually bound by government regulations protecting certain employee rights. But when summary judgment rolled around, Davis shifted gears. He began arguing that policies adopted by a separate internal Policy Council — not pled in his complaint — governed his employment rights.
At the hearing, the trial court agreed with Davis’s arguments and summary judgment was granted in Davis’s favor. But the Second DCA reversed the decision. On appeal, the court emphasized that summary judgment cannot rest on a theory not raised in the pleadings. Because Davis failed to allege he was a third-party beneficiary of the specific Policy Council document, that issue was not properly before the court. Asa result, the appellate court reversed and directed judgment in favor of Lutheran Services effectively ending the case.
Takeaway: Don’t wait until summary judgment to raise a new theory of liability. If your client’s position hinges on a particular contract, policy, or statutory scheme, ensure that it’s clearly pled. To put it succinctly, Florida courts will not let you win on a claim that is not properly framed in the pleadings.
At Boatman Ricci, we help clients and co-counsel structure pleadings and pretrial strategies to avoid costly appellate reversals.
Want a second set of eyes on a complex case or summary judgment motion? Contact our team to review your options and help develop the best strategy.
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