STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

GARCIA,

Petitioner, FCHR Case No.

v. DOAH No. 15-6285

THE GLENRIDGE ON PALMER RANCH, FCHR Order No. 16-052

Respondent.

FINAL ORDER DISMISSING PETITIO N FOR

RELIE F FROM AN UNLAWFUL EMPLOYMENT PRACTIC E

This matter is before the Commission for consideration of the Second Order Closing File, dated August 22, issued in the above-styled matter by Administrative Law Judge D. R. Alexander.

Findings of Fact and Conclusions of Law

Judge Alexander had issued an Order Closing File, on May 20, based on Petitioner's failure to appear at the scheduled administrative hearing in the matter.

In an Order Remanding Petition for Relief from an Unlawful Employment Practice, dated August 4, (FCHR Order No. the Commission expressed concern that Petitioner may not have had notice of the administrative hearing at which she failed to appear, and remanded the case to the Administrative Law Judge for a determination of whether Petitioner actually had notice of the hearing at which she failed to appear.

Judge Alexander reopened the case and issued an order requiring Petitioner to show cause by August why the matter should not be referred to the Commission and the Petition for Relief dismissed on the ground that Petitioner had received notice of the hearing and failed to appear.

Judge Alexander's Second Order Closing File, currently before the Commission, reflects that Petitioner failed to respond to the order to show cause.

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, Williams v. Countryside Village Trailer Park, FCHR Order No. (May 5, 2016), Varona v. Marshall Apartments, LLC, FCHR Order No.

(October 14, Noel v. C and S Wholesale Services, FCHR Order No. (July 31, Morgan v. Skin Cancer Associates. FCHR Order No. (June Herard v.

MasTec. Inc.. FCHR Order No. (May 1, 2013), Cawlev v. Primrose Center. Inc.. FCHR Order No. 12-009 (February 21, 2012), Roundtree. et v. Advenir at Stonelake. LLC. FCHR

Filed November 10, 2016 3:14 PM Division of Administrative Hearings

FCHR Order No. 16-052 2

Order No. -069 (August 30, Biggers v. Rooms To Go, FCHR Order No. 09-045 (May 2009), Shook v. Riverside National Bank, FCHR Order No. 08-029 (May 6, 2008), Clifton v.

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 15, 2005), Mavfield v. Karl's Haberdashery of Florida. Inc.. FCHR Order No. 04-020 (March 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 Second Order Closing File.

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 Florida Statutes, and in the Florida Rules of Appellate Procedure

DONE AND ORDERED this day of

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

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

Commissioner Jay Pichard

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

(850) 488-7082

FCHR Order No. 16-052

Page 3

Copies furnished to:

Loida Garcia

2036 Drive

Sarasota, FL 34240

Loida Garcia 3784 Dover Drive

Sarasota, FL 34235

The Glenridge on Palmer Ranch c/o Neil F. McGuinness, Esq.

Douberley, McGuinness & Cicero Sawgrass Corporate Ste. 590

Sunrise, FL 33323

D. R. Alexander, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTIFY that the foregoing has been mailed to the above listed addressees this )CJ day of .

Clerk of the

Florida Commission on Human Relations

Docket for Case No: 15-006285

Orders for Case No: 15-006285