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McELRATH v. BURLEY

No. 97-1210.

707 So.2d 836 (1998)

Ronald M. McELRATH, not individually, but in his capacity as Executive Director of the Florida Commission On Human Relations, Appellant, v. Ronna S. BURLEY, Appellee.

District Court of Appeal of Florida, First District.

February 26, 1998.

Attorney(s) appearing for the Case

Robert Butterworth, Attorney General, and William H. Roberts, Assistant Attorney General, Tallahassee, for Appellant.

Richard E. Johnson of Spriggs & Johnson, Tallahassee, for Appellee.

Michael R. Masinter, Fort Lauderdale, for amici ACLU and NELA.

DAVIS, Judge.

Ronald M. McElrath, in his capacity as Executive Director of the Florida Commission on Human Relations, appeals an order of the circuit court holding unconstitutional a portion of the Florida Civil Rights Act of 1992. The trial court ruled that

[t]he sequence of procedures in which an aggrieved person must prevail under § 760.11(7), Florida Statutes, before being allowed to sue for damages in Circuit Court is so unduly burdensome...

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