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Home / Complaints / Final Orders / Final Orders 2010 / FCHR Order No. 10-026

FCHR Order No. 10-026

Date of Release: 03/17/2010

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

DANIELLE HARGER

HUD Case No. 04-09-1247-8

Petitioner

 

v.

FCHR Case No. 2010H0030

   

STERLING CREST APARTMENT

DOAH Case No. 09-6518

Respondent

FCHR Order No. 10-026

   

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE

This matter is before the Commission for consideration of the Recommended Order of Dismissal, dated January 13, 2010, issued in the above-styled matter by Administrative Law Judge Daniel Manry.

Findings of Fact and Conclusions of Law

Judge Manry’s order reflects that Petitioner failed to appear at the scheduled administrative hearing in the matter. Specifically, Judge Manry concluded that Petitioner had the burden of proof and failed to appear and present evidence, and recommended the Commission enter a final order dismissing Petitioner’s Petition for Relief.

Commission panels have concluded that when a Petitioner fails to appear at the scheduled administrative hearing in their case, they fail to meet their burden of proof, and the Petition for Relief should be dismissed. See, e.g., Cowden v. Difiglio, et al., FCHR Order No. 09-115 (December 14, 2009), Scott v. Two Men and a Truck, FCHR Order No. 09-009 (January 27, 2009), Enzor v. Sandco, Inc., FCHR Order No. 08-048 (July 29, 2008), Rodriguez v. Center Point Health and Rehab, FCHR Order No. 08-001 (January 14, 2008), West v. Sembler Corporation, d/b/a Bay Walk, FCHR Order No. 07-037 (June 15, 2007), Martinez v. KJC Enterprises, d/b/a Plantation Island Resort, FCHR Order No. 07-028 (April 20, 2007), Chaney, et al. v. Robert Buckner & Associates, FCHR Order No. 06-092 (November 13, 2006), and Prek v. Workforce Central Florida, FCHR Order No. 06-079 (September 18, 2006).

We adopt the Administrative Law Judge’s finding as to the nonappearance of Petitioner and conclude that Petitioner has failed to carry her burden of proof.

Exceptions

Neither of the parties filed exceptions to the Administrative Law Judge’s Recommended Order of Dismissal.

FCHR Order No. 10-026

Page 2

Dismissal

The Petition for Relief and Housing Discrimination Complaint 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 17th day of March , 2010.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer, Panel Chairperson;

Commissioner Anice R. Prosser; and

Commissioner Mario M. Valle

Filed this 17th day of March , 2010,

in Tallahassee, Florida.

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 200

Tallahassee, FL 32301

(850) 488-7082

Copies furnished to:

Danielle Harger

30608 Nickerson Loop

Wesley Chapel, FL 33543

Sterling Crest Apartment

c/o Edward T. Bauer, Esq.

Brooks, LeBoeuf, Bennett,

Foster & Gwartney, P.A.

909 East Park Avenue

Tallahassee, FL 32301

FCHR Order No. 10-026

Page 3

Daniel Manry, Administrative Law Judge, DOAH

James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this 17th day of March , 2010.

By:

Clerk of the Commission

Florida Commission on Human Relations