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Home / Complaints / Final Orders / Final Orders 2010 / FCHR Order No. 10-070

FCHR Order No. 10-070

Date of Release: 09/07/2010

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

FLORIDA COMMISSION ON HUMAN RELATIONS ON BEHALF OF

BAHIYYIH WATSON

HUD Case No. 04-09-0310-8

Petitioner

 

v.

FCHR Case No. 2009H0066

   

CHRISTINA VIERING

DOAH Case No. 10-1535

   

Respondent

FCHR Order No. 10-070

   

ORDER REMANDING PETITION FOR

RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE

This matter is before the Commission for consideration of the following three filings: (1) the Order Closing File, dated June 10, 2010, issued in the above-styled matter by Administrative Law Judge R. Bruce McKibben; (2) the Motion for Relief from Order, filed by Petitioner with the Division of Administrative Hearings and the Commission on June 24, 2010; and (3) the Opposition to Motion for Relief from Order, filed by Respondent with the Division of Administrative Hearings on July 2, 2010.

Findings of Fact and Conclusions of Law

Judge McKibbenís Order Closing File reflects that the matter was before him on Respondentís Motion to Dismiss for Lack of Jurisdiction, filed May 27, 2010. The Order Closing File indicates that no response to the motion had been filed by Petitioner. Judge McKibben concluded that based on representations contained in the motion before him it appeared that the Division of Administrative Hearings did not have jurisdiction over this matter, and Judge McKibben relinquished jurisdiction to the Commission for entry of a final order of dismissal.

Petitioner subsequently filed a Motion for Relief from Order, contending that the Division of Administrative Hearings did have jurisdiction of the matter and that the case should be set for final hearing on the merits.

Respondent then filed a document entitled ďOpposition to Motion for Relief from Order,Ē arguing that the case should be closed.

The applicable rules indicate that in a proceeding such as this a party may file a response to a motion made by another party if time allows, but the applicable rules do not make the filing of a response mandatory. See Fla. Admin. Code R. 28-106.204(1).

FCHR Order No. 10-070

Page 2

We note that no Order to Show Cause was issued in this case requiring Petitioner to state why the case should not be dismissed in light of Respondentís Motion to Dismiss for Lack of Jurisdiction.

We note that the content of Respondentís Motion to Dismiss for Lack of Jurisdiction, Petitionerís Motion for Relief from Order, and Respondentís Opposition to Motion for Relief from Order, seem to suggest that genuine issues of material fact remain in this matter.

Based on the foregoing, we conclude the matter should be remanded to the Administrative Law Judge for further proceedings on the Petition for Relief.

Exceptions

As indicated above, subsequent to the issuance of the Order Closing File, Petitioner filed a Motion for Relief from Order within the time frame for filing exceptions to a Recommended Order. Our discussion in the Findings of Fact and Conclusions of Law section of this Order reflects our action on this motion.

Remand

This matter is REMANDED to the Administrative Law Judge for further proceedings on the Petition for Relief consistent with this Order.

DONE AND ORDERED this 7th day of September , 2010.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Donna Elam, Panel Chairperson;

Commissioner Lizzette Gamero; and

Commissioner Watson Haynes, II

Filed this 7th day of September , 2010,

in Tallahassee, Florida.

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

FCHR Order No. 10-070

Page 3

Copies furnished to:

Florida Commission on Human Relations

on behalf of Bahiyyih Watson

c/o Lawrence F. Kranert, Jr., Esq.

Chief Legal Counsel

Florida Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

Christina Viering

Post Office Box 141593

Orlando, FL 32814

R. Bruce McKibben, Administrative Law Judge, DOAH

I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this 7th day of September , 2010.

By:

Clerk of the Commission

Florida Commission on Human Relations