Elias Makere v. Allstate Insurance Company
CourtDistrict Court of Appeal of Florida
Date FiledJuly 13, 2020
Docket1D19-3236
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D19-3236
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ELIAS MAKERE,
Appellant,
v.
ALLSTATE INSURANCE COMPANY,
Appellee.
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On appeal from the Florida Commission on Human Relations.
July 13, 2020
PER CURIAM.
Appellant, Elias Makere, appeals the final order of the Florida
Commission on Human Relations (FCHR) adopting the
administrative law judge’s findings of fact and conclusions of law
and dismissing his petition for relief from an unlawful employment
practice. See §§ 760.01–760.11, Fla. Stat. (2016). Appellant’s
claim pertained to his termination from employment by Allstate
Insurance Company. The ALJ found that the decision to terminate
Appellant’s employment was not because of his race or sex, or as
retaliation. The ALJ also determined certain claims were time-
barred. FCHR adopted the recommended order and denied each
of Appellant’s exceptions to the recommended order.
Here, Appellant challenges the order on appeal as a violation
of his due process rights. However, he fails to show that the
agency’s action depended on any finding of fact not supported by
competent, substantial evidence in the record and fails to
demonstrate that the fairness of the proceedings may have been
impaired by any material error in procedure. See § 120.68(7)(b) &
(c), Fla. Stat. (2018). The administrative proceedings before both
the ALJ and FCHR comported with all due process as set out by
sections 120.569, 120.57, and 760.11, Florida Statutes (2018).
We find no ground under section 120.68(7) to set aside FCHR’s
final order, and therefore the order is AFFIRMED. See § 120.68(8),
Fla. Stat. (2018).
LEWIS, B.L. THOMAS, and BILBREY, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Elias Makere, pro se, Appellant.
Gina M. Cadogan of Hamilton, Miller & Birthisel LLP, Miami, for
Appellee.
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