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Home / Complaints / Final Orders / Final Orders 2009 / FCHR Order No. 09-085

FCHR Order No. 09-085

Date of Release: 09/22/2009

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

CONNIE STEELMAN

 

Petitioner

 

v.

FCHR Case No. 2008-02055

   

LIKI TIKI VILLAGE II

DOAH Case No. 08-4558

Respondent

FCHR Order No. 09-085

   

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL PUBLIC ACCOMMODATIONS PRACTICE

This matter is before the Commission for consideration of the Order Closing File, dated June 24, 2009, issued in the above-styled matter by Administrative Law Judge Carolyn S. Holifield.

Findings of Fact and Conclusions of Law

Judge Holifield’s order reflects that Petitioner failed to comply with an order of the Administrative Law Judge. Specifically, following the filing of a motion by Respondent which represented that the parties had agreed to a settlement in the case, Judge Holifield issued an Order to Show Cause directing the parties to show cause why the Division of Administrative Hearings should not close the case and relinquish jurisdiction to the Commission. Neither of the parties responded to this Order to Show Cause. Consequently, Judge Holifield issued the pending Order Closing File and relinquished jurisdiction to the Commission.

We note that, generally, Commission panels have concluded that a Petitioner’s failure to respond to orders of an Administrative Law Judge amounts to a voluntary dismissal of the Petition for Relief. See, generally, Biggers v. Rooms To Go, FCHR Order No. 09-045 (May 12, 2009), Shook v. Riverside National Bank, FCHR Order No. 08-029 (May 6, 2008), Butler v. The Pepsi Bottling Group, FCHR Order No. 06-107 (December 4, 2006), Castellanos v. Express Net Airlines Pilots Association, FCHR Order No. 05-061 (June 15, 2005), Mayfield v. Karl’s Haberdashery of Florida, Inc., FCHR Order No. 04-020 (March 10, 2004), and Kenny v. Florida Department of Corrections, FCHR Order No. 02-020 (June 3, 2002).

Based on the foregoing, we conclude that the Petition for Relief should be dismissed.

Exceptions

Neither party filed exceptions to the Administrative Law Judge’s Order Closing File.

FCHR Order No. 09-085

Page 2

Dismissal

The Petition for Relief and Complaint of Discrimination are DISMISSED with prejudice.

The parties have the right to seek judicial review of this Order. The Commission and the appropriate District Court of Appeal must receive notice of appeal within 30 days of the date this Order is filed with the Clerk of the Commission. Explanation of the right of appeal is found in Section 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure 9.110.

DONE AND ORDERED this 22nd day of September , 2009.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer, Panel Chairperson;

Commissioner Patty Ball Thomas; and

Commissioner Mario M. Valle

Filed this 22nd day of September , 2009,

in Tallahassee, Florida.

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 200

Tallahassee, FL 32301

(850) 488-7082

Copies furnished to:

Connie Steelman

Post Office Box 612

Jensen Beach, FL 34958

Liki Tiki Village II

c/o Lorena R. Cardama, Esq.

Korshak & Associates, P.A.

8680 Commodity Circle, Suite 200B

Orlando, FL 32819

Carolyn S. Holifield, Administrative Law Judge, DOAH

James Mallue, Legal Advisor for Commission Panel

FCHR Order No. 09-085

Page 3

I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this 22nd day of September , 2009.

By:

Clerk of the Commission

Florida Commission on Human Relations