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LARRY WILLIAMS vs COUNTRYSIDE VILLAGE TRAILER PARK, 15-006718 (2015)

Court: Division of Administrative Hearings, Florida Number: 15-006718 Visitors: 25
Petitioner: LARRY WILLIAMS
Respondent: COUNTRYSIDE VILLAGE TRAILER PARK
Judges: R. BRUCE MCKIBBEN
Agency: Florida Commission on Human Relations
Locations: Tallahassee, Florida
Filed: Nov. 24, 2015
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, February 17, 2016.

Latest Update: May 05, 2016
TempHtml


STATE OF FLORIDA

ON HUMAN RELATIONS


LARRY WILLIAMS, HUD No. 04-16-0060-8


Petitioner, FCHR Case No. 2016H0038


v. No. 15-6718


COUNTRYSIDE VILLAGE TRAILER PARK,

FCHR Order No. 16-025


Respondent.

/


FINAL ORDER DISMISSING PETITION

RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE


This matter is before the Commission for consideration of the Order Closing File and Relinquishing Jurisdiction, dated February issued in the above-styled matter by Administrative Law Judge R. Bruce


Findings of Fact and Conclusions of Law


Judge order reflects that Petitioner failed to comply with an order of the Administrative Law Judge. Specifically, on February 2, Judge McKibben issued an Order to Show Cause to Petitioner directing Petitioner to explain his failure to appear at the scheduled February 2, formal administrative hearing in this matter. Petitioner failed to respond to the Order to Show Cause and Judge McKibben issued the Order Closing File and Relinquishing Jurisdiction currently before the Commission.

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, Varona v. Marshall Apartments. LLC. FCHR Order No.

062 (October 14, 2015), Noel v. C and S Wholesale Services. Inc.. FCHR Order No. 15-044 (July 31, 2015), Morgan v. Skin Cancer Associates. FCHR Order No. 15-035 (June 10, 2015), Herard v. MasTec, Inc.. Order No. 13-034 (May 1, 2013), Primrose Center. Inc., FCHR Order No. 12-009 (February et al. v. Advenir at Stonelake. LLC, FCHR Order No. (August 30, Biggers v. Rooms To FCHR Order No. 09-045 (May 12, 2009), Shook v. Riverside National Bank, FCHR Order No. 08-029

(May 6, 2008), Clifton v. Kxys, et FCHR Order No. 07-062 (November 7, 2007), Bordonaro

v. The Green at the Heather Condominium Association, Inc., FCHR Order No. (February 2007), Butler v. The Pepsi Bottling Group. FCHR Order No. (December 4, 2006),

Castellanos v. Express Net Airlines Pilots Association, FCHR Order No. 05-061 (June 2005),


Filed May 5, 2016 11:18 AM Division of Administrative Hearings


FCHR Order No. 16-025 2


Mayfield v. Karl's 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


Neither of the parties filed exceptions to the Administrative Law Judge's Order Closing File Relinquishing Jurisdiction.


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


DONE AND ORDERED this of 2016.

FOR THE FLORIDA COMMISSION ON RELATIONS:


Commissioner Rebecca Steele, Panel Chairperson; Commissioner Derick Daniel; and

Commissioner Sandra Turner


Filed this day of , in Tallahassee, Florida.


/ /


Clerk

Commission on Human Relations 4075 Esplanade Way, Room Tallahassee, FL 32399

(850) 488-7082



FCHR Order No. 16-025

Page 3


Copies furnished to:


Larry Williams

Post Office 321

Havana, FL 32333-0321


Countryside Village Trailer Park c/o Henry Cotton

Jackson View Drive Tallahassee, FL 32303


R. Bruce McKibben, 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 day of , ,


P

By:

Clerk of the

Florida Commission on Human Relations


Docket for Case No: 15-006718
Issue Date Proceedings
May 05, 2016 Agency Final Order Dismissing Petition for Relief from a Discriminatory Housing Practice filed.
Feb. 17, 2016 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Feb. 02, 2016 Order to Show Cause.
Feb. 02, 2016 CASE STATUS: Hearing Partially Held; continued to date not certain.
Jan. 26, 2016 Respondent's Answer to Pre-hearing Instructions filed.
Dec. 28, 2015 (Notice) Court Reporter Request filed.
Dec. 02, 2015 Order of Pre-hearing Instructions.
Dec. 02, 2015 Notice of Hearing (hearing set for February 2, 2016; 9:00 a.m.; Tallahassee, FL).
Dec. 01, 2015 Joint Response to Initial Order filed.
Dec. 01, 2015 Respondent's Answer to Initial Order filed.
Nov. 24, 2015 Initial Order.
Nov. 24, 2015 Housing Discrimination Complaint filed.
Nov. 24, 2015 Notice of Determination of No Cause filed.
Nov. 24, 2015 Determination filed.
Nov. 24, 2015 Petition for Relief filed.
Nov. 24, 2015 Transmittal of Petition filed by the Agency.

Orders for Case No: 15-006718
Issue Date Document Summary
May 05, 2016 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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