The University of South Florida (USF) is calling on the Florida Supreme Court to overturn an appeals court opinion that gave the go-ahead to a class-action lawsuit seeking refunds for campus service fees charged students during the coronavirus pandemic.

Florida’s Second District Court of Appeal in late September declined to dismiss the lawsuit against USF filed by student ValerieMarie Moore based on the university’s argument of sovereign immunity – that is, that a public entity can’t be sued without its consent.

“ValerieMarie Moore filed the underlying class action complaint against USF alleging claims for breach of contract and unjust enrichment based on the collection of student fees for on-campus services that were not offered due to COVID-19,” the Second District’s opinion stated. “The order at issue granted USF’s motion to dismiss Ms. Moore’s breach-of-contract claim for the limited purpose of allowing Ms. Moore to attach her registration agreement to her amended complaint, but it otherwise denied USF’s motion to dismiss on the merits of its sovereign immunity defense.”