DOSTER
v.
HAND ARENDALL HARRISON SALE LLC
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
An agency must rule on timely-filed exceptions to an administrative law judge's recommended order that comply with statutory and rule requirements, and failure to do so constitutes reversible error.
[1] An agency must rule on exceptions to an administrative law judge's recommended order that are filed within the statutory period and comply with applicable statutory and r…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“FCHR should have ruled on those exceptions as section 120.57(1)(k) requires an agency's final order to include a ruling on each exception.”
Court's explanation of the agency's mandatory duty to address properly-filed exceptions
Jared Doster, a former associate attorney, was terminated after disagreements with firm partners and filed a charge alleging religious discrimination …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Unlawful Termination cases and more on FLexlaw
PER CURIAM.
Jared Doster, a former associate attorney at Hand Arendall Harrison Sale, LLC (“Firm”), was terminated after he had a disagreement with numerous partners. He filed a charge with the Florida Commission on Human Resources, alleging that the Firm unlawfully discriminated against him and unlawfully terminated his employment as an associate attorney based on his religion. FCHR determined there was no reasonable cause to believe that the Firm engaged in unlawful discrimination against him.
Doster then filed a petition for relief with FCHR, and the matter was referred to the Division of Administrative Hearings to conduct a hearing pursuant to sections 120.569 and 120.57, Florida Statutes. Following the final hearing, the Administrative Law Judge issued a Recommended Order, recommending that FCHR dismiss Doster’s petition. Doster timely filed exceptions to certain findings of fact in the ALJ’s order.
FCHR entered its final order, adopting the ALJ’s findings of fact and conclusions of law entirely, and dismissing Doster’s petition with prejudice. Importantly, the Commission found Doster’s exceptions to be untimely and therefore did not consider them. This was error.
Appellant’s exceptions were filed with FCHR within the fifteen-day period prescribed by rule 28-106.217(1) of the Florida Administrative Code. And his exceptions clearly identified the disputed portions of the recommended order by paragraph, identified the legal basis for the exception, and included appropriate and specific citations to the record, in accordance with section 120.57(1)(k), Florida Statutes, and rule 28-106.217(1). FCHR should have ruled on those exceptions as section 120.57(1)(k) requires an agency’s final order to include a ruling on each exception. We therefore set aside FCHR’s final order and remand for the purpose of ruling with particularity on each of Doster’s exceptions to the recommended order. See Boundy v. Sch. Bd. of Miami-Dade Cty., 994 So. 2d 433 (Fla. 3d DCA 2008).
SET ASIDE and REMANDED with directions.
OSTERHAUS, C.J., and M.K. THOMAS and LONG, JJ., concur.
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Henry Jared Doster, pro se, Appellant.
Kelly B. Holbrook of Constangy, Brooks, Smith & Prophete, LLP, Tampa, for Appellee.
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Boundy v. The Sch. Bd. OF Miami-Dade Cnty., 994 So. 2d 433 (Fla. 3d DCA 2008)