Judith A. BUNNELL, Plaintiff-Appellant, v. J.C. PENNEY CORPORATION, INC., Defendant-Appellee, 319 F. App'x 821

PER CURIAM: Judith Bunnell appeals from an adverse

summary judgment in favor of J.C. Penney on her complaint alleging age discrimination, in violation of the Florida Civil Rights Act of 1992, Fla. Stat. § 760.10(l)(a) (“FCRA”). The parties do not dispute that Bunnell established a prima facie case. The only issue here is whether the district court erred in granting Penney’s motion for

summary judgment on the basis that Penney’s reason for terminating Bun-nell’s employment was not a pretext for age discrimination. Upon review of the record, we find disputed issues of material fact that preclude

summary judgment. Thus, we vacate the

summary judgment and remand for further proceedings. VACATED and REMANDED.