University of Florida fees lawsuit is heading to the Supreme Court

Plaintiffs have gone to the state Supreme Court in a class-action lawsuit that alleges the University of Florida charged fees to potential and admitted students that were higher than allowed in law.

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Paul Rothstein, a Gainesville attorney representing five named plaintiffs, filed a notice this week that is an initial step in asking the Supreme Court to take up the case.

The notice came after the 1st District Court of Appeal dismissed a key part of the lawsuit seeking what is known as a “declaratory judgment” that the university’s Board of Trustees violated state law by charging higher-than-allowed fees and that students were entitled to repayment of the excess amounts, according to the appeals court’s April 3 ruling.

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A panel of the appeals court said the university was shielded from the claim by sovereign immunity.

The lawsuit alleges that UF charged prospective students a non-refundable application fee in excess of the allowed amount of $30 and charged admitted students a preview orientation fee in excess of the allowed amount of $35, the ruling said.

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The appeals court rejected a request by UF to dismiss allegations of negligent misrepresentation and “conversion,” which generally involves improperly taking property.

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