Attorney says Earl Holmes Wins Against FAMU Attempt to Dismiss Lawsuit

Earl Holmes 10/7/14
Posted at 5:30 PM, Jun 23, 2015
and last updated 2015-06-23 13:46:02-04

TALLAHASSEE, FL (WTXL) - According to Former FAMU Football Coach Earl Holmes's Attorney, Tim Jansen, an attempt by the Florida A&M University's Board of Trustees to have one aspect of the lawsuit dismissed was denied by courts Monday.

New court documents show that the FAMU BOT tried to have the first point of lawsuit dismissed, the accusation of breach of contract.

Documents say this is the line in Holmes's contract, "Non-reappointment, separation or termination of this Agreement by University may occur pursuant to the terms of this Agreement and University regulations as now existing or hereafter promulgated," that made him and his contract susceptible to, "...the rules, regulations, policies, and procedures of the Florida Board of Governors and the University."

They claim the dismissal letter the BOT provided Holmes on October 28, 2014, was one of the "constitutionally authorized regulations" Holmes was subject to.

However, according to Jansen, the courts sided with Holmes and the accusation of breach of contract will make it into the trial.

In January, Holmes filed a wrongful termination law suit against the university over his firing by then Athletic Director Kellen Winslow.

Jansen says they are required to answer the complaint within ten days and that the full lawsuit is going forward. 

The other points of Holmes's lawsuit include breaking of a good-faith and fair deal and negligent misrepresentation on the part of the university according to Jansen.