EVGENIE MARAKOU v. ST. THOMAS UNIVERSITY, INC.
CourtDistrict Court of Appeal of Florida
Date FiledOctober 21, 2020
Docket3D20-0915
StatusPublished
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Full Opinion
Third District Court of Appeal
State of Florida
Opinion filed October 21, 2020.
Not final until disposition of timely filed motion for rehearing.
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No. 3D20-0915
Lower Tribunal No. 18-21675
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Evgenie Marakou,
Appellant,
vs.
St. Thomas University, Inc., et al.,
Appellees.
An appeal from the Circuit Court for Miami-Dade County, Veronica A. Diaz,
Judge.
Evgenie Marakou, in proper person.
J. Patrick Fitzgerald & Associates, P.A., and Roberto J. Diaz, and Maura
Fitzgerald Jennings, for appellees.
Before LOGUE, LINDSEY, and MILLER, JJ.
PER CURIAM.
Affirmed. See Redditt v. State, 84 So. 2d 317, 321 (Fla. 1955) (“Assignments
[of error] must relate to judicial acts; hence, in the review by appeal we should
usually affirm when no assignment of error is stated and argued.”); Barrett v. City
of Margate, 743 So. 2d 1160, 1162-63 (Fla. 4th DCA 1999) (“The complaint,
whether filed by an attorney or pro se litigant, must set forth factual assertions that
can be supported by evidence which gives rise to legal liability. It is insufficient to
plead opinions, theories, legal conclusions or argument.”); see also Jallali v. Nova
Se. Univ., Inc., 992 So. 2d 338, 343 (Fla. 4th DCA 2008) (“A court will not interfere
with a private university’s enforcement of its regulations unless the university has
acted arbitrarily and capriciously, in violation of a constitution or statute, or for
fraudulent purposes.”) (citations omitted); Militana v. Univ. of Miami, 236 So. 2d
162, 164 (Fla. 3d DCA 1970) (“On the question of determining whether a student
has failed to meet the academic requirements of a school, there is a wide discretion
permitted by school authorities, and courts will not interfere, unless the school
authorities are shown to have acted in bad faith or exercised their discretion
arbitrarily.”).
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