KARLA PACHECO
v.
WALDO ACEBO, M.D., P.A., ETC.
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.
Karla Pacheco appealed the dismissal of her sexual harassment discrimination complaint against her employer, Dr. Waldo Acebo. The trial court dismissed the complaint with prejudice for failure to exhaust administrative remedies after Pacheco failed to appeal a no-probable-cause determination from the Miami-Dade Commission on Human Rights within the required fifteen-day period. The appellate court affirmed, holding that the plain language of the local ordinance required exhaustion of administrative remedies before judicial relief could be sought.
The trial court properly dismissed the complaint with prejudice because the unambiguous plain language of Miami-Dade County Code section 11A-28(7)(c) explicitly required Pacheco to file an appeal or request a hearing before resorting to court for relief. Additionally, no due process violation occurred because the Commission's recommended order granted Pacheco the right to appeal and request a hearing, providing notice and opportunity to be heard.
[1] A party aggrieved by the application of a statute or ordinance must invoke and exhaust the administrative remedies provided thereby before resorting to the courts for rel…
[2] A trial court's order granting a motion to dismiss is reviewed de novo.
Previewing 2 of 5 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“Because the unambiguous and plain language of section 11A-28(7)(c) of the Miami-Dade County Code explicitly required Pacheco to file an appeal or request a hearing before resorting to the court for relief, we find the trial court properly dismissed Pacheco's complaint with prejudice for failure to exhaust her administrative remedies.”
Establishes the core holding that the ordinance's plain language mandated exhaustion of administrative remedies before seeking judicial relief.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePacheco filed a discrimination complaint with the Miami-Dade Commission on Human Rights alleging sexual harassment by her employer, Dr. Acebo. The Com…
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 Discrimination Complaint cases and more on FLexlaw
Opinion filed August 7, 2024. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D23-2172 Lower Tribunal No. 23-18997
________________
Karla Pacheco,
Appellant,
vs.
Waldo Acebo, M.D., P.A., etc., Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Beatrice Butchko, Judge. Gallup Auerbach and Dana M. Gallup (Hollywood), for appellant. SMM Law, P.A., and Suhaill M. Morales, for appellee. Before EMAS, GORDO and LOBREE, JJ. GORDO, J. Karla Pacheco ("Pacheco") appeals a final order entered in favor of Waldo Acebo, M.D., P.A. (“Acebo”). We have jurisdiction. Fla. R. App. P. 9.030(b)(1)(A). Finding no error in the trial court’s order, we affirm. Pacheco filed a discrimination complaint with the Miami-Dade Commission on Human Rights (the “Commission”), alleging sexual harassment by her employer, Acebo. After investigation, the Commission issued a no-probable-cause determination with a right to appeal within fifteen days, or the decision would become final and enforceable in circuit court.1 Pacheco did not appeal and later filed a lawsuit against Acebo. Acebo moved to dismiss for failure to exhaust her administrative remedies. After hearing, the trial court granted Acebo’s motion and dismissed Pacheco’s complaint with prejudice. “A trial court's order granting a motion to dismiss is reviewed de novo.” Grove Isle Ass'n, Inc. v. Grove Isle Assocs., LLLP, 137 So. 3d 1081, 1089 (Fla. 3d DCA 2014).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited (13 total)
- Cordette Woodham v. Blue Cross & Blue Shield OF Fla., Inc., 829 So. 2d 891 (Fla. 2002)
- Rinker Materials Corp. v. City OF N. Miami, 286 So. 2d 552 (Fla. 1973)
- Grove Isle Ass'n, Inc. v. Grove Isle Assocs., LLLP, 137 So. 3d 1081 (Fla. 3d DCA 2014)
- Waiter Wood v. Twin Lakes Mobile Homes Vill., Inc., 123 So. 2d 738 (Fla. 2d DCA 1960)
- Tereatha Robinson v. Dep't OF Health, 89 So. 3d 1079 (Fla. 1st DCA 2012)
- Tauber v. The State Bd. OF Osteopathic Med. Exam'rs, 362 So. 2d 90 (Fla. 4th DCA 1978)
- Nationstar Mortg., LLC v. Ronald and Susan Weiler, 227 So. 3d 181 (Fla. 2d DCA 2017)
- Kreiger Belony v. N. Broward Hosp. Dist., 374 So. 3d 5 (Fla. 4th DCA 2023)
- Patterson v. Consumer Debt Mgmt. & Educ., Inc., 975 So. 2d 1290 (Fla. 4th DCA 2008)
- Miron 2319, LLC v. City of Hollywood, 361 So. 3d 356 (Fla. 4th DCA 2024)