Petitioner: LEROY AND JEANETTE BILLUPS
Respondent: SUN COVE REALTY, INC., ET AL.
Judges: WILLIAM F. QUATTLEBAUM
Agency: Commissions
Locations: Tampa, Florida
Filed: Apr. 05, 2006
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, May 15, 2006.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA
COMMISSION ON HUMAN RELATIONS
Hin Fg,
LEROY AND JEANETTE BILLUPS, HUD Case No. oa 2: 9
Petitioner, FCHR Case No. 25-9171 oH .
ve | DOAH Case No. 06-1179
SUN COVE REALTY, INC., ET AL., FCHR Order No. 06-054
Respondents.
: /
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 May 15, 2006, 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 timely file their Petition for
Relief. The order finds that the Commission’s “Notice of Determination: No Cause” was issued
on February 13, 2006, and that the Petition for Relief was filed on March 24, 2006. The order
concludes that the Petition for Relief must be filed within 30 days of the service of the Notice of
Determination, citing Fla. Admin. Code R. 60Y-8.001(1), and finds that the 30-day time period
in this instance required the Petition for Relief to be filed on March 15, 2006.
We adopt the Administrative Law Judge’s finding that the Petition for Relief was not
timely filed, and the Administrative Law Judge’s conclusion that the Petition for Relief should be
dismissed. Accord, Fla, Admin. Code R. 60Y-8001(3), indicating that proceedings upon
Petitions for Relief are governed by Fla, Admin. Code R. 28-106, and Fla, Admin. Code R, 28-
106.201(4), indicating that “[a] petition shall be dismissed if...it has been untimely filed.”
Exceptions
Neither of the parties filed exceptions to the Administrative Law Judge’s Recommended
Order of Dismissal.
FCHR Order No. 06-054
Page 2
Dismissal
The Petition for Relief and Housing Discrimination Complaint 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_ 15" day of June 2006.
FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:
Commissioner Gayle Cannon, Panel Chairperson;
Commissioner Dominique B. Saliba, M.D.; and
Commissioner Billy Whitefox Stall
Filed this_15" day of June 2006,
in Tallahassee, Florida.
Violet Crawford, Clerk
Commission on Human Relations
2009 Apalachee Parkway, Suite 100
Tallahassee, FL 32301
(850) 488-7082
Copies furnished to:
Leroy Billups
Jeanette Billups
2226 Tarragon Lane
New Port Richey, FL 34655
Sun Cove Realty, Inc., et al.
c/o David H. Shaw, I, Esq.
Forizs & Dogali, P.L.
4301 Anchor Plaza Parkway, Suite 300
Tampa, FL 33634
FCHR Order No. 06-054
Page 3
William F, Quattlebaum, Administrative Law Judge, DOAH
James Mallue, Legal Advisor for Commission Panel
THEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed
addressees this 15" day of June 2006.
By: Vs
Clerk of the Commission
Florida Commission on Human Relations
Docket for Case No: 06-001179
Issue Date |
Proceedings |
Jun. 16, 2006 |
Final Order filed.
|
May 15, 2006 |
Recommended Order of Dismissal. CASE CLOSED.
|
May 09, 2006 |
Respondent, Sun Cove Realty, Inc., Response to Petitioners` Response to Order to Show Cause filed.
|
May 05, 2006 |
Response to Order to Show Cause filed.
|
May 01, 2006 |
Order to Show Cause (Petitioners shall, within ten days from the date of this Order, file a response to the motion and show cause why the motion should not be granted).
|
Apr. 24, 2006 |
Certified Return Receipts received this date from the U.S. Postal Service.
|
Apr. 21, 2006 |
Agency`s court reporter confirmation letter filed with the Judge.
|
Apr. 19, 2006 |
Certified Mail Receipts stamped this date by the U.S. Postal Service.
|
Apr. 19, 2006 |
Order of Pre-hearing Instructions.
|
Apr. 19, 2006 |
Notice of Hearing (hearing set for June 13, 2006; 9:30 a.m.; Tampa, FL).
|
Apr. 17, 2006 |
Motion of Respondent, Sun Cove Realty, Inc., to Dismiss Petitioners` Petition for Relief filed.
|
Apr. 17, 2006 |
Request for Subpoenas filed.
|
Apr. 17, 2006 |
Letter to Judge Quattlebaum from L. Billups regarding receipt of correspondence from D. Shaw filed.
|
Apr. 12, 2006 |
Respondent`s Response to Initial Order filed.
|
Apr. 11, 2006 |
Letter response to the Initial Order filed.
|
Apr. 05, 2006 |
Housing Discrimination Complaint filed.
|
Apr. 05, 2006 |
Determination filed.
|
Apr. 05, 2006 |
Notice of Determination of No Cause filed.
|
Apr. 05, 2006 |
Petition for Relief filed.
|
Apr. 05, 2006 |
Transmittal of Petition filed by the Agency.
|
Apr. 05, 2006 |
Initial Order.
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