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Home / Complaints / Final Orders / Final Orders 2013 / FCHR Order No. 13-063

FCHR Order No. 13-063

Date of Release: 10/16/2013

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

 

ISAAC AND DAVEDA POTTER

HUD Case No. 04-13-0195-8

 

Petitioner

FCHR Case No. 2013H0111

 

v.

DOAH Case No. 13-2263

 

POINTE VISTA II, LTD, ET AL.

FCHR Order No. 13-063

 

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 August 12, 2013, issued in the above-styled matter by Administrative Law Judge William F. Quattlebaum.

Findings of Fact and Conclusions of Law

Judge Quattlebaum’s order reflects that Petitioners failed to comply with an order of the Administrative Law Judge. Specifically, on August 5, 2013, Petitioners filed a Motion to Dismiss for Lack of Subject Matter Jurisdiction. On August 9, 2013, Judge Quattlebaum issued an Order to Show Cause advising Petitioners that prevailing on the motion would mean that jurisdiction would be relinquished to the Commission for entry of a final order of dismissal, and directing Petitioners to file a response indicating whether or not they sought to have jurisdiction returned to the Commission for entry of such an order. On the same date, Petitioners filed a response to the Order to Show Cause which Judge Quattlebaum found failed to address the matters raised in the Order to Show Cause.

We note that, generally, Commission panels have concluded that a Petitioner’s failure to respond to orders of an Administrative Law Judge amounts to a voluntary dismissal of the Petition for Relief. See, generally, Herard v. MasTec, Inc., FCHR Order No. 13-034 (May 1, 2013), Cawley v. Primrose Center, Inc., FCHR Order No. 12-009 (February 21, 2012), Roundtree, et al. v. Advenir at Stonelake, LLC, FCHR Order No. 11-069 (August 30, 2011), 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. Karl’s Haberdashery of Florida, Inc., FCHR

FCHR Order No. 13-063

Page 2

Order No. 04-020 (March 10, 2004), and Kenny v. Florida Department of Corrections, FCHR Order No. 02-020 (June 3, 2002).

We further note that this has been the case not only in situations where a Petitioner has simply failed to respond to an order of the Administrative Law Judge, but also in situations where the document filed by a Petitioner in response to an order is not responsive to the issues raised in the order. See e.g., Roundtree, et al., supra, and the Recommended Order of Dismissal entered therein in DOAH Case No. 11-1087, dated June 22, 2011.

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 Judge’s Recommended Order of Dismissal.

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 to appeal is found in Section 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure 9.110.

DONE AND ORDERED this 16th day of October , 2013.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer, Panel Chairperson;

Commissioner Michell Long; and

Commissioner Mario M. Valle

Filed this 16th day of October , 2013,

in Tallahassee, Florida.

/s/

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

FCHR Order No. 13-063

Page 3

Copies furnished to:

Isaac Potter

Daveda Potter

5503 South Tampa Avenue

Orlando, FL 32839

Pointe Vista II, LTD, et al.

c/o James Ivy Barron, III, Esq.

Law Office of James I. Barron, III, P.A.

301 East Pine Street, Suite 150

Orlando, FL 32801

William F. Quattlebaum, 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 16th day of October , 2013.

By: /s/

Clerk of the Commission

Florida Commission on Human Relations