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Home / Complaints / Final Orders / Final Orders 2010 / FCHR Order No. 10-093

FCHR Order No. 10-093

Date of Release: 12/15/2010

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

JULIO FUENTES

HUD Case No. 04-10-0975-8

Petitioner

 

v.

FCHR Case No. 2010H0279

   

MIAMI-DADE BOARD OF COUNTY COMMISSIONERS

DOAH Case No. 10-4819

   

Respondent

FCHR Order No. 10-093

   

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE

This matter is before the Commission for consideration of the Order Relinquishing Jurisdiction and Closing File, dated October 6, 2010, issued in the above-styled matter by Administrative Law Judge Robert E. Meale.

Findings of Fact and Conclusions of Law

Judge Meale’s order reflects that Petitioner failed to appear at the scheduled administrative hearing in the matter. Specifically, Judge Meale’s order states that based on Petitioner’s failure to appear, “the file is closed, the proceeding is dismissed, and jurisdiction is relinquished to the Florida Commission on Human Relations for entry of a final order dismissing Petitioner’s 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., Crump v. The Majestic Tower at Bal Harbour, FCHR Order No. 10-072 (September 21, 2010), 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 Judge’s finding as to the nonappearance of Petitioner and conclude that Petitioner has failed to carry his burden of proof.

FCHR Order No. 10-093

Page 2

Exceptions

Neither of the parties filed exceptions to the Administrative Law Judge’s Order Relinquishing Jurisdiction and Closing File.

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 15th day of December , 2010.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Donna Elam, Panel Chairperson;

Commissioner Watson Haynes, II; and

Commissioner Billy Whitefox Stall

Filed this 15th day of December , 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:

Julio Fuentes

1310 Northwest 16th Street, No. 511

Miami, FL 33125

FCHR Order No. 10-093

Page 3

Miami-Dade Board of County Commissioners

c/o Terrence A. Smith, Esq.

Miami-Dade County Attorney’s Office

111 Northwest First Street, Suite 2810

Miami, FL 33128

Royal American Management, Inc.

c/o D. Andrew Byrne, Esq.

Becker & Poliakoff, P.A.

121 Alhambra Plaza, 10th Floor

Coral Gables, FL 33134

Robert E. Meale, 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 15th day of December , 2010.

By:

Clerk of the Commission

Florida Commission on Human Relations