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Home / Complaints / Final Orders / Final Orders 2013 / FCHR Order No. 13-041

FCHR Order No. 13-041

Date of Release: 05/08/2013

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

 

MCARTHUR AND MYRNA EDWARDS

HUD Case No. 04-12-0928-8

 

Petitioners

FCHR Case No. 2013H0018

   

DOAH Case No. 12-3491

 

v.

 
 

HAMILTON GROUP FUNDING, INC.

FCHR Order No. 13-041

 

Respondent

 
     
 

MCARTHUR AND MYRNA EDWARDS

HUD Case No. 04-12-0927-8

 

Petitioners

FCHR Case No. 2013H0019

   

DOAH Case No. 12-3492

 

v.

 
     
 

NICHOLAS HAMIC VENTURES, LLC; BRISTOL GLOBAL MOBILITY; AND

 
 

RICHARD J. AND MICHELLE COFFEY, PROPERTY OWNERS

FCHR Order No. 13-041

 

Respondents

 

FINAL ORDER DISMISSING PETITIONS FOR

RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE

This matter is before the Commission for consideration of the Recommended Order, dated March 6, 2013, issued in the above-styled consolidated cases by Administrative Law Judge Suzanne Van Wyk.

Findings of Fact and Conclusions of Law

Judge Van Wyk’s order reflects that Petitioners failed to appear at the scheduled administrative hearing in the consolidated cases. Consequently, the order recommends that the Commission issue a final order dismissing the Petitioners’ Petitions 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., Cushe v. Titusville Housing Authority, FCHR Order No. 13-012 (February 26, 2013), Goldenberg v. Department of Corrections, FCHR Order No. 12-051 (September 17, 2012), Dotson v. Department of Financial Services, FCHR Order No. 11-034

FCHR Order No. 13-041

Page 2

(April 13, 2011), Patterson v. Panama City Housing Authority, FCHR Order No. 11-001 (January 13, 2011), 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 Petitioners and conclude that Petitioners have failed to carry their burden of proof in the consolidated cases.

Exceptions

None of the parties filed exceptions to the Administrative Law Judge’s Recommended Order.

Dismissal

The Petitions for Relief and Complaints 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 8th day of May , 2013.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer, Panel Chairperson;

Commissioner Michell Long; and

Commissioner Mario M. Valle

Filed this 8th day of May , 2013,

in Tallahassee, Florida.

FCHR Order No. 13-041

Page 3

/s/

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

Copies furnished to:

McArthur Edwards

Myrna Edwards

2416 Woodhill Lane

East Point, GA 30344

Hamilton Group Funding, Inc.

c/o Daniel R. Lucas, CPA

4503 Woodbine Road

Pace, FL 32571

Nicholas Hamic Ventures, LLC

c/o Jaken E. Roane, Esq.

Guilday, Schwartz, Simpson,

West, Hatch and Lowe, P.A.

1983 Centre Pointe Blvd., Ste. 200

Tallahassee, FL 32308

Bristol Global Mobility

c/o Robert O. Beasley, Esq.

Litvak, Beasley and Wilson, LLP

226 East Government Street

Pensacola, FL 32502

Richard J. and Michelle Coffey

6719 Hillis Drive

Lakeland, FL 33813

Suzanne Van Wyk, Administrative Law Judge, DOAH

James Mallue, Legal Advisor for Commission Panel

FCHR Order No. 13-041

Page 4

I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this 8th day of May , 2013.

By: /s/

Clerk of the Commission

Florida Commission on Human Relations