Top Story — November: Sarasota Military Academy lawsuit heads to court

Magistrate Deborah Bailey, of the 12th Judicial District Court, on Thursday heard the first arguments of a lawsuit filed by former Sarasota Military Academy Prep Head of School Phillip Eddy against his former employer.

Bailey will now review the testimony before issuing a ruling on a motion to dismiss the complaint from SMA’a counsel.

Earlier: This week will mark the first hearing in a lawsuit filed by Sarasota Military Academy’s former prep school director against his former employer.

In the lawsuit filed in March in the 12th Judicial District Court, former SMA Prep Head of School Col. Phillip Eddy alleged the academy’s Board of Directors and staff in 2014 lured him away from a lucrative job in Kuwait with false promises of a pay bump and long-term position. Click here to read the full complaint.

The board terminated Eddy’s contract the following year, according to minutes of a July 15 meeting.

“In general, we don’t like to comment on the substantive issues underlying litigation,” said Bentley & Bruning P.A. attorney David Wallace, who is representing SMA. “We are actively defending the case on behalf of the Sarasota Military Academy, and we’re generally confident in a positive outcome.”

Brad Rothman, the attorney representing Eddy, did not return a message seeking comment.

In an amended legal complaint filed in August, Eddy’s counsel alleges more than $15,000 in damages based on a range of complaints, such as contract fraud related to verbal promises from SMA Commandant and CFO Frank Laudano and SMA Board of Directors Vice President Herb Jones, allegedly made in March 2014 regarding a long-term relationship and 10% raise for the 2014-2015 school year. Those promises were never fulfilled, according to lawsuit.

The complaint further alleges SMA violated Eddy’s 14th Amendment rights because he was allegedly not allowed due process to defend himself before his firing.

In SMA’s motion to dismiss Eddy’s lawsuit filed in September, Wallace contends Eddy was nothing more than an at-will employee, meaning he could be fired without cause, and that portions of the legal complaint weren’t specific enough for a response.

“There is no constitutionally protected property interest when the employee serves at the will of the employer with no guaranteed employment,” Wallace wrote in the motion.

On Aug. 2, 2014, SMA Prep cadets participated in a ceremonial first flag raising to celebrate the opening of the new school, located off of Fruitville Road near I-75. SMA Board of Directors Treasurer Capt. Fred Derr presented Eddy with a ceremonial saber, and officials inducted him as the head of schools at the East County academy.

“This day is a momentous and historic in Sarasota,” Eddy said at the time.

Roughly 11 months later, the SMA Board of Directors held a meeting at which they officially terminated Eddy’s contract. At another meeting four months later, board members learned that Eddy planned to sue.

The first hearing in the case will come before Magistrate Deborah Bailey tomorrow, at 3 p.m. But the lawsuit will likely continue after that.

“It’s a relatively preliminary matter in the sense that it would be unusual for this to end the case at this stage,” Wallace said. “It’s more of a procedural thing, certain issues might be narrowed or go away.”