STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

SCHONE DEES HUD No.

Petitioner, FCHR Case No.

v. DOAH No. 14-0048

ADDISON PLACE APARTMENTS, FCHR Order No. 14-031

Respondent.

FINAL ORDER DISMISSING FOR

RELIE F A DISCRIMINATORY HOUSING PRACTIC E

This matter is before the Commission for consideration of the Recommended Order, dated June 24, issued in the above-styled case by Administrative Law Judge June C.

Findings of Fact and Conclusions of Law

Judge order reflects that Petitioner failed to appear at the scheduled administrative hearing in the case and that Petitioner presented no evidence. Consequently, the order recommends that the Commission issue a final order denying the Petition for Relief.

Commission panels have concluded that when a Petitioner fails to appear at the scheduled administrative hearing in their case, they fail to meet their burden of proof, and the Petition for Relief be dismissed. See, e.g., Holmes v. Carolina Square Apartments, FCHR Order No. 14-008 (March 26, 2014), Cushe v. Titusville Housing Authority, FCHR Order No. 13-012 (February 26, 2013), Goldenberg v. Department of Corrections, FCHR Order No. 12-051 (September Dotson v. Department of Financial Services, FCHR Order No.

(April Patterson v. Panama City Housing Authority, FCHR Order No. (January Crump v. The Maiestic Tower at Bal Harbour, FCHR Order No. (September

21, 2010), v. Lake County Housing Authority, FCHR Order No. 10-041 (April 27, 2010), Cowden v. et FCHR Order No. (December 14, 2009), Scott v. Two Men and a Truck, FCHR Order No. 09-009 (January 27, 2009), Enzor v. Inc.. FCHR Order No. 08-048 (July 29, 2008), Rodriguez v. Center Point Health and Rehab, FCHR Order No. 08-001 (January 14, 2008), West v. Sembler Corporation, Bay Walk, FCHR Order No. 07-037 (June 2007), Martinez v. KJC Plantation Island Resort. FCHR Order No. 07-028 (April 20, 2007), et al. v. Robert Buckner & Associates, FCHR Order No. 06-092 (November 13, 2006), and Prek v. Workforce Central Florida, FCHR Order No. 06- 079 (September 18, 2006).

We adopt the Administrative Law Judge's finding as to the nonappearance of Petitioner and conclude that Petitioner has failed to carry her burden of proof.

Filed December 8, 2014 1:52 PM Division of Administrative Hearings

FCHR Order No. 14-031

Page 2

Exceptions

Neither of the parties filed exceptions to the Administrative Law Judge's Recommended Order.

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 of appeal is found in Section Florida Statutes, and in the Florida Rules of Appellate Procedure

DONE AND ORDERED this day of .

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M . Singer, Panel Chairperson; Commissioner Onelia Fajardo-Garcia; and Commissioner Tony Jenkins

in Tallahassee, Florida.

Commission on Human Relations 2009 Apalachee Parkway, Suite Tallahassee, FL

(850) 488-7082

Copies furnished to: Dees

Post Office Box 1722 Brewton, A L 36427

FCHR Order No. Page 3

Addison Place Apartments c/o Rhonda S. Bennett, Esq.

Brooks, Bennett, Foster & Gwartney,

909 East Park Avenue Tallahassee, FL 32301

June C. McKinney, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTIFY that a of the foregoing has been mailed to the above listed

Florida Commission on Human Relations

Docket for Case No: 14-000048

Orders for Case No: 14-000048