STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

LESA PATTERSON, )

)

Petitioner, )

)

vs. )

) PANAMA CITY HOUSING AUTHORITY, )

)

Respondent. )

Case No. 10-8861

)

RECOMMENDED ORDER OF DISMISSAL

This cause came on for formal hearing on October 18, 2010, in Panama City, Florida, before Suzanne F. Hood, Administrative Law Judge with the Division of Administrative Hearings.

APPEARANCES

For Petitioner: No appearance

For Respondent: William C. Henry, Esquire

Burke, Blue, Hutchinson, Walters, and Smith, P.A.

16215 Panama City Beach Parkway Panama City Beach, Florida 32413

STATEMENT OF THE ISSUE

The issue is whether this case should be dismissed based on Petitioner's failure to make an appearance at hearing.

PRELIMINARY STATEMENT

On or about August 30, 2010, Petitioner, Lesa Patterson (Petitioner), filed a Petition for Relief with the Florida Commission on Human Relations (FCHR). The petition alleged that

Respondent, Panama City Housing Authority (Respondent), had committed a housing discriminatory practice and a public accommodation discriminatory practice against her.

FCHR referred the case to the Division of Administrative Hearings on September 2, 2010. Due to the procedural nature of this decision, the facts usually provided in a Preliminary Statement are set forth below in the Findings of Fact.

FINDINGS OF FACT

1. On September 2, 2010, the undersigned issued the Initial Order in this case. The Initial Order was not returned as undeliverable to Petitioner.

2. The Initial Order directed Petitioner to coordinate a joint response to provide the undersigned with certain information within seven days, or to file a unilateral response if a joint response was not possible. Petitioner did not respond to the Initial Order.

3. On September 9, 2010, Respondent's counsel filed a Notice of Appearance. Respondent's counsel also filed a Response to Initial Order and Motion for Summary Hearing.

4. On September 14, 2010, the undersigned issued an Order Denying Motion for Summary Hearing. The order was not returned as undeliverable to Petitioner.

5. On September 14, 2010, the undersigned issued a Notice of Hearing, scheduling the hearing for October 18, 2010. That

   
   

   same day, the undersigned issued an Order of Pre-hearing Instructions. Neither one of these documents was returned as undeliverable to Petitioner.

6. On October 6, 2010, Respondent filed its Notice of Filing Witness List.

7. On October 8, 2010, Respondent filed a Separate Proposed Pre-hearing Statement. Petitioner did not file a response to the pre-hearing instructions.

8. Petitioner did not contact the undersigned's office regarding any problem with commencing the hearing as scheduled. Accordingly, the undersigned traveled to Panama City, Florida, to conduct the hearing on October 18, 2010.

9. When the hearing commenced, Respondent's counsel made an appearance, advising that Respondent and all of Respondent's witnesses were prepared to go forward with the hearing. Because Petitioner was not present, the undersigned decided to wait an appropriate period of time for Petitioner to make an appearance.

10. In the meantime, the undersigned's office made an attempt to contact Petitioner by telephone. As a result of that telephone call, the undersigned understood that Petitioner would not be attending the hearing.

11. The hearing was adjourned. As of the day that this Recommended Order of Dismissal was issued, Petitioner has not

    
    

    contacted the Division of Administrative Hearings, in writing or by telephone, to explain her failure to appear at the hearing.

    CONCLUSIONS OF LAW

    
    

12. The Division of Administrative Hearings has jurisdiction over the parties and the subject matter of this proceeding pursuant to Sections 120.569, 120.57(1), and 760.35, Florida Statutes (2010).

13. Petitioner has the burden of proving the allegations in her petition by a preponderance of the evidence. See §§ 760.34(5) and 120.57(1)(j), Fla. Stat. (2009).

14. Petitioner failed to appear at the hearing or provide notice of her inability to attend the hearing. On the other hand, Respondent and its witnesses were prepared to go forward on the merits.

15. There is no indication that Petitioner failed to receive any orders, notices, or pleadings. There is no showing of any emergency situation that would prohibit Petitioner from at least contacting the undersigned's office to request a continuance.

16. Apparently, Petitioner no longer contests FCHR's Determination: No Cause. Under the circumstances set forth above, it appears that a disputed issue of material fact no longer exists in this case. Further, Petitioner has failed to meet her burden of proof to support her claim.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is

RECOMMENDED:

That the Florida Commission on Human Relations enter a final order dismissing the Petition for Relief.

DONE AND ENTERED this 21st day of October, 2010, in Tallahassee, Leon County, Florida.

S

SUZANNE F. HOOD

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 21st day of October, 2010.

COPIES FURNISHED:

Lesa Patterson

177 North Charlene Drive Panama City, Florida 32404

William C. Henry, Esquire Burke, Blue, Hutchison, Walters,

and Smith, P.A.

16215 Panama City Beach Parkway Panama City Beach, Florida 32413

Denise Crawford, Agency Clerk

Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

Larry Kranert, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the Final Order in this case.

Docket for Case No: 10-008861

Orders for Case No: 10-008861