13-002113 Jennifer Morehead vs. Dome Grill, Inc. Status: Closed DOAH Final Order on Tuesday, August 20, 2013.

Summary: Petitioner did not establish a prima facie case of discrimination. Claim denied.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JENNIFER MOREHEAD ,

Petitioner ,

vs. Case No. 13 - 2113

DOME GRILL, INC. ,

Respondent .

/

FINAL ORDER

A R ecommended Order was entered in this case on August 8,

2013, setting forth findings of fact and conclusions of law.

The parties were given ten days from the date of the Recommended

Order to submit written exceptions. Pursuant to the Pinellas

County code section 70 - 77(g)(13), it is the responsibility of the

Administrative Law Judge to consider any written exceptions and

then to issue a Final Order.

APPEARANCES

For Petitioner: Jennifer Morehead, pro se

312 15th Avenue Northeast

St. Petersburg, Florida 33704

For Respondent: Walter E. Smi th, Esquire

Meros, Smith, Lazzara, and Olney, P.A.

Post Office Bo x 27

St. Petersburg, Florida 33731 - 0027

STATEMENT OF THE ISSUE

The issue in this case is whether Respondent, the Dome

Grill , Inc., discriminated against Petitioner, Jenn ifer Morehead,

on the basis of her age, in violation of the Florida Civil Rights

Act.

PRELIMINARY STATEMENT

Petitioner and Respondent filed exceptions to the

Recommended Order. A transcript of the hearing was not ordered

or filed with the Division. 1/

T he following rulings are made on the exceptions filed:

Petitioner ' s Exception Number 1 : DENIED. Petitioner argues

that the Pinellas County Office of Human Relations investigative

report was admitted into evidence by virtue of it 's being filed

with the Division of Administrative Hearings. Such is not the

case. Petitioner did not offer any exhibits into evidence.

Petitioner ' s Exception Number 2 : DENIED. Petitioner ' s

E xception 2 is in reality a request for the hearing record to be

reopened so that she , as a pro se litigant, may supplement the

record with evidence purporting to be " Respondent ' s actual

employment records from that time. " The undersigned can find no

authority to reopen this case for the purpose of supplementing

the record.

Petitioner ' s numbered paragraphs 3, 4, and 5, are listed

under a " Conclusion of Law " heading. It is unclear whether these

paragraphs are intended to be exceptions to the Recommended

Order. In order to resolve this case without further delay, each

paragraph is DENIED.

Respondent ' s Exception Number 1 : (inclusive of A., B.,

and C.): DENIED. The findings were supported by competent

substantial evidence and will not be changed.

FINDING S OF FACT

The findings of fact set forth in the Recommended Order are

approved, adop ted and incorporated herein by reference. There is

competent substantial evidence to support the findings of fact.

CONCLUSIONS OF LAW

The conclusions of law set forth in the Recommended Order

are approved, adopted and incorporated herein by reference.

OR DER

Based on the foregoing, it is ORDERED that the claim for

relief filed by Petitioner, Jennifer Morehead, is DENIED.

DONE AND ORDERED this 20th day of August , 2013 , in

Tallahassee, Leon County, Florida.

S

LYNNE A. QUIM BY - PENNOCK

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Admini strative Hearings

this 20th day of August, 2013 .

ENDNOTE

1/ At the conclusion of the hearing, Petitioner indicated that

she would be ordering the transcript. However, shortly after the

hearing was completed, the undersigned was advised that a

transcri pt was not ordered.

COPIES FURNISHED:

Michelle Wallace, Esquire

Pinellas County Attorney ' s Office

6th Floor

315 Court Street

Clearwater, Florida 33756

Peter J. Genova, Jr.

Pinellas County Office of Human Rights

5th Floor

400 South Fort Harrison Avenue

Clearwater, Florida 33756

Jennifer B. Morehead

312 15th Avenue Northeast

St. Petersburg, Florida 33704

Paul Valenti

Pinellas County Office of Human Rights

5th Floor

400 South Fort Harrison Avenue

Clearwater, Florida 33756

Walter E. Smith, Esquire

Me ros, Smith, Lazzara, and Olney, P.A.

Post Office Box 27

St. Petersburg, Florida 33731 - 0027

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party who is adversely affected by Final Order is entitled to

seek judicial review by filing a petition for writ of certior ari

in the circuit court of the Sixth Judicial Circuit in and for

Pinellas County, Florida, within 30 calendar days of the date of

this Final Order. §70 - 77(14), Pinellas County Code.