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Home / Complaints / Final Orders / Final Orders 2011 / FCHR Order No. 11-069

FCHR Order No. 11-069

Date of Release: 08/30/2011

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

ALPHONSO AND CONSTANCE

ROUNDTREE

HUD Case No. 04-11-0220-8

Petitioner

FCHR Case No. 2011H0172

 

DOAH Case No. 11-1087

v.

 

ADVENIR AT STONELAKE, LLC

FCHR Order No. 11-069

Respondent

 

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 June 22, 2011, issued in the above-styled matter by Administrative Law Judge Lawrence P. Stevenson.

Findings of Fact and Conclusions of Law

Judge Stevensonís order reflects that Petitioners failed to comply with orders of the Administrative Law Judge. In addition, Judge Stevensonís order notes that Petitioners indicated in a filing that ďan administrative hearing is not required or requested in this state court.Ē

We note that, generally, Commission panels have concluded that a Petitionerís 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), Clifton v. Krys, et al., FCHR Order No. 07-062 (November 7, 2007), Bordonaro v. The Green at the Heather Condominium Association, Inc., FCHR Order No. 07-010 (February 14, 2007), 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. Karlís 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

None of the parties filed exceptions to the Administrative Law Judgeís Recommended Order of Dismissal.

FCHR Order No. 11-069

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 30th day of August , 2011.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Donna Elam, Panel Chairperson;

Commissioner Elena Flom; and

Commissioner Lizzette Romano

Filed this 30th day of August , 2011,

in Tallahassee, Florida.

/s/

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

Copies furnished to:

Alphonso Roundtree

Constance Roundtree

1601 Southwest 27th Avenue, Unit 2207

Ocala, FL 34471

Advenir at Stonelake, LLC

c/o Maria A. Santoro, Esq.

George, Hartz & Lundeen, P.A.

863 East Park Avenue

Tallahassee, FL 32301

FCHR Order No. 11-069

Page 3

Lawrence P. Stevenson, 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 30th day of August , 2011.

By: /s/

Clerk of the Commission

Florida Commission on Human Relations