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Home / Complaints / Final Orders / Final Orders 2010 / FCHR Order No. 10-072

FCHR Order No. 10-072

Date of Release: 09/21/2010

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

ANDREA CRUMP

HUD Case No. 04-10-0399-8

Petitioner

 

v.

FCHR Case No. 2010H0173

   

THE MAJESTIC TOWER AT BAL HARBOUR

DOAH Case No. 10-1849

   

Respondent

FCHR Order No. 10-072

   

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE

This matter is before the Commission for consideration of the Recommended Order, dated July 6, 2010, issued in the above-styled matter by Administrative Law Judge Stuart M. Lerner.

Findings of Fact and Conclusions of Law

Judge Lernerís order reflects that Petitioner failed to appear at the scheduled administrative hearing in the matter. Specifically, Judge Lerner concluded that by failing to appear Petitioner did not meet her burden of proof in this matter, and recommended the Commission enter a final order dismissing Petitionerís complaint.

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., Bermudez v. Lake County Housing Authority, FCHR Order No. 10-041 (April 27, 2010), 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 Judgeís finding as to the nonappearance of Petitioner and conclude that Petitioner has failed to carry her burden of proof.

FCHR Order No. 10-072

Page 2

Exceptions

Neither of the parties filed exceptions to the Administrative Law Judgeís Recommended Order.

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 21st day of September , 2010.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer, Panel Chairperson;

Commissioner Joanna Cunningham; and

Commissioner Patty Ball Thomas

Filed this 21st 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

Copies furnished to:

Andrea Crump

9601 Collins Avenue, Apt. 906

Bal Harbour, FL 33154

FCHR Order No. 10-072

Page 3

The Majestic Tower at Bal Harbour

c/o Benjamin M. Esco, Esq.

Cole, Scott & Kissane, P.A.

1645 Palm Beach Lakes Boulevard,

Second Floor

West Palm Beach, FL 33401

Stuart M. Lerner, 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 21st day of September , 2010.

By:

Clerk of the Commission

Florida Commission on Human Relations