Legal Opinion

Martinez v. Abraham Chevrolet-Tampa, Inc.

District Court of Appeal of Florida

Decided December 10, 2004No. 2D03-3133PublishedCited by 7 opinions

1Opinion of the Court

ALTENBERND, Chief Judge.

Sylvia Martinez appeals an order dismissing her age discrimination lawsuit under the Florida Civil Rights Act of 1992 (FCRA)1 against Abraham Chevrolet-Tampa, Inc., and Autonation, Inc. (collectively, Abraham Chevrolet). The trial court dismissed the complaint based upon a finding that Ms. Martinez’s presuit administrative complaint to the Equal Employment Opportunity Commission (EEOC), submitted on a form provided by the EEOC, was not properly verified. We conclude that the verification requirement for administrative complaints under the FCRA is not jurisdictional and…

2Cases cited13 opinions

  1. Lynda L. Choate v. Caterpillar Tractor CompanyCourt of Appeals for the Seventh Circuit · 1968
  2. Georgia Power Company v. Equal Employment Opportunity CommissionCourt of Appeals for the Fifth Circuit · 1969
  3. Woodham v. Blue Cross and Blue Shield of Fla., Inc.Supreme Court of Florida · 2002
  4. Patry v. CappsSupreme Court of Florida · 1994
  5. Leonard Edelman v. Lynchburg CollegeCourt of Appeals for the Fourth Circuit · 2002

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3Cited by7 opinions

  1. THOMAS E. JOHNSON AND KELI N. JOHNSON v. DEUTSCHE BANK TRUST COMPANYDistrict Court of Appeal of Florida · 2018
  2. Beltway Capital, LLC v. Nigel LucombeDistrict Court of Appeal of Florida · 2017
  3. Maynard v. Taco Bell of America, Inc.District Court of Appeal of Florida · 2013
  4. Christoff v. IngleseDistrict Court, M.D. Florida · 2022
  5. Curd v. Mosaic Fertilizer, LLCSupreme Court of Florida · 2010

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