Petitioner: CRISELLA WINDER, AS THE PERSONAL REPRESENTATIVE OF THE ESTATE OF MATTHEW LES FORIS
Respondent: WHITEHALL ENTERPRISES, INC., D/B/A VILLAS DES CHENES
Judges: DANIEL M. KILBRIDE
Agency: Contract Hearings
Locations: Clearwater, Florida
Filed: Jun. 04, 2004
Status: Closed
DOAH Final Order on Tuesday, January 25, 2005.
Latest Update: Jan. 25, 2005
Summary: Whether Respondent, Whitehall Enterprises, Inc., d/b/a Villas Des Chenes, discriminated against Matthew Les Foris, deceased, on the basis of his race in violation of 42 U.S.C. Section 3604(a) and/or (b), and Sections 70-77 and 70-176, Pinellas County Code, by not renewing Les Foris’ lease when it expired.A Recommended Order is abopted in toto when no exceptions are filed.
04-1977 FO.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
CRISELLA WINDER, AS THE ) PERSONAL REPRESENTATIVE OF THE ) ESTATE OF MATTHEW LES FORIS, )
)
Petitioner, )
)
vs. )
) WHITEHALL ENTERPRISES, INC., ) d/b/a VILLAS DES CHENES, )
)
Respondent. )
Case No. 04-1977
)
FINAL ORDER
On October 20, 2004, a final administrative hearing in this case was held in Clearwater, Florida, before Daniel M. Kilbride, Administrative Law Judge of the Division of Administrative Hearings. A Recommended Order was entered on December 17, 2004, pursuant to Section 70-77(e), Pinellas County Code.
The Recommended Order advised the parties that they had a right to file exceptions to this Order with the Clerk of the Division of Administrative Hearings within 15 days from the date of the Recommended Order. As of the date of this Final Order, no exceptions were filed. Therefore, pursuant to the provisions of Section 70-77, Pinellas County Code, it is hereby
ORDERED that the Recommended Order entered in this case is adopted, in toto, and Petitioner's Complaint of Discrimination is hereby Dismissed.
DONE AND ORDERED this 25th day of January, 2005, in Tallahassee, Leon County, Florida.
S
DANIEL M. KILBRIDE
Administrative Law Judge
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850) 488-9675 SUNCOM 278-9675
Fax Filing (850) 921-6847 www.doah.state.fl.us
Filed with the Clerk of the Division of Administrative Hearings this 25th day of January, 2005.
COPIES FURNISHED:
Leon W. Russell, Human Rights/EEO Officer Pinellas County Office of Human Rights
400 South Fort Harrison Avenue Fifth Floor
Clearwater, Florida 33756
W. Oliver Melvin, Compliance Officer Pinellas County Office of Human Rights
400 South Fort Harrison Avenue Fifth Floor
Clearwater, Florida 33756
Stephanie N. Rugg
Human Relations Hearing Clerk City of St. Petersburg
Post Office Box 2842
St. Petersburg, Florida 33731-2842
Matthew P. Farmer, Esquire Farmer & Fitzgerald, P.A. 708 East Jackson Street Tampa, Florida 33602
Lynn Hanshaw, Esquire Gulfcoast Legal Services
314 South Missouri Avenue, Suite 109 Clearwater, Florida 32756
Cathy L. Lucrezi, Esquire
Law Offices of Heist, Weisse, & Lucrezi, P.A.
1661 Estero Boulevard, Suite 20 Post Office Box 2514
Fort Myers Beach, Florida 33932
NOTICE OF RIGHT TO JUDICIAL REVIEW
A party who is adversely affected by this Final Order is entitled to judicial review pursuant to Section 70-77(14) of the Pinellas County Code. Such proceedings are commenced by filing a petition for writ of certiorari in the circuit court of the Sixth Judicial Circuit in and for Pinellas County, Florida, within 30 calendar days of the date of the final order.
Docket for Case No: 04-001977
| Issue Date |
Proceedings |
|
Jan. 25, 2005 |
Final Order (hearing held October 20, 2004). CASE CLOSED.
|
|
Dec. 17, 2004 |
Recommended Order (hearing held October 20, 2004). CASE CLOSED.
|
|
Dec. 17, 2004 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
|
|
Nov. 15, 2004 |
Petitioner`s Notice of Filing Original Transcript filed.
|
|
Nov. 15, 2004 |
(Transcript) Administrative Hearing filed. |
|
Nov. 12, 2004 |
Petitioner`s Proposed Recommended Findings of Fact and Conclusions of Law (filed via facsimile).
|
|
Nov. 10, 2004 |
Petitioner`s Motion for Enlargement of Time (filed via facsimile).
|
|
Nov. 10, 2004 |
Respondent`s Proposed Recommended Order of Dismissal (filed via facsimile).
|
|
Oct. 26, 2004 |
(Transcript) Administrative Hearing filed.
|
|
Oct. 20, 2004 |
CASE STATUS: Hearing Held. |
|
Oct. 18, 2004 |
Petitioner`s Pre-Hearing Report filed.
|
|
Oct. 15, 2004 |
Petitioner`s Pre-hearing Report (filed via facsimile).
|
|
Sep. 17, 2004 |
Letter to Judge Kilbride from S. Mucklow regarding attendance at scheduled hearing (filed via facsimile).
|
|
Sep. 17, 2004 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for October 20, 2004; 9:00 a.m.; Clearwater, FL).
|
|
Sep. 15, 2004 |
Notice of Appearance (filed by Lucrezi, Esquire, via facsimile).
|
|
Sep. 14, 2004 |
Respondent`s Pre-hearing Report (filed via facsimile).
|
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Sep. 13, 2004 |
Petitioner`s Emergency Motion for Protection (filed via facsimile).
|
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Sep. 08, 2004 |
Petitioner`s Request for Issuance of Subpoena (filed via facsimile).
|
|
Jul. 12, 2004 |
Amended Notice of Hearing (hearing set for September 21 and 22, 2004; 9:00 a.m.; Clearwater, FL; amended as to correct style of case).
|
|
Jul. 06, 2004 |
Order of Pre-hearing Instructions.
|
|
Jul. 06, 2004 |
Notice of Hearing (hearing set for September 21 and 22, 2004; 9:00 a.m.; Clearwater, FL).
|
|
Jul. 02, 2004 |
Respondent`s Notice of Withdrawal of Interrogatories to Pinellas County (filed via facsimile).
|
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Jun. 30, 2004 |
Order (Motion to Substitute Party as Petitioner Granted, and C. Winder is substituted as Petitioner).
|
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Jun. 23, 2004 |
Letter to T. Stevenson from K. Swearingen, Jr. advising that he does not represent the parties filed.
|
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Jun. 21, 2004 |
Motion to Substitute Party as Petitioner filed by M. Farmer.
|
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Jun. 21, 2004 |
Scheduling Report filed by Petitioner.
|
|
Jun. 18, 2004 |
Respondent`s Certificate of Service of Interrogatories to Pinellas County (filed via facsimile).
|
|
Jun. 17, 2004 |
Motion to Substitute Party as Petitioner (filed via facsimile).
|
|
Jun. 17, 2004 |
Scheduling Report (filed by Petitioner via facsimile).
|
|
Jun. 07, 2004 |
Initial Order.
|
|
Jun. 04, 2004 |
Second Amended Determination of Reasonable Cause and Charge of Discrimination filed.
|
|
Jun. 04, 2004 |
Agency referral filed.
|
Orders for Case No: 04-001977
| Issue Date |
Document |
Summary |
|
Jan. 25, 2005 |
DOAH Final Order
|
A Recommended Order is abopted in toto when no exceptions are filed.
|
|
Dec. 17, 2004 |
Recommended Order
|
Petitioner, a personal representative of the deceased, failed to prove housing discrimination. Petitioner cannot establish a violation of the county code through hearsay evidence. Recommend that the petition be dismissed.
|
