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Home » Cases Under Administrative Hearing » 15-001812

15-001812 Hugo Villagra vs. Palm Frond Condominium Association
 Status: Closed
Recommended Order on Tuesday, September 15, 2015.

View Dockets  
Summary: Following the hearing, Petitioner filed a Notice of Voluntary Dismissal that was unopposed by Respondent. Recommendation: Dismiss Petition.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8HUGO VILLAGRA,

10Petitioner,

11vs. Case No. 15 - 1812

17PALM FROND CONDOMINIUM

20ASSOCIATION,

21Respondent.

22_______________________________/

23RECOMMENDED ORDER OF DISMISSAL

27Pursuant to notic e, a final hearing was held in this case on

40July 10, 2015, in Ft. Myers, Florida, before Administrative Law

50Judge Lynne A. Quimby - Pennock of the Division of Administrative

61Hearings (Division).

63APPEARANCES

64For Petitioner: Hugo M. Villagra, pro se

71Apartment 8B

731165 Palm Avenue

76North Fort Myers, Florida 33903

81For Respondent: Ron M. Campbell, Esquire

87Audrey Michelle Singleton, Esquire

91Cole, Scott and Kis sane, P.A.

97Suite 200

9927300 Riverview Center Boulevard

103Bonita Springs, Florida 3413 4

108STATEMENT OF THE ISSUE

112Whether Respondent , Palm Frond Condominium Association ,

118discriminated against Pe titioner, Hugo M. Villagra, in violation

127of the Florida Fair Housing Act.

133PRELIMINARY STATEMENT

135In December 2014, Petitioner filed a housing discrimination

143complaint with the Florida Commission on Human Relations

151(Commission). The Commission investigated, and on February 25,

1592015, entered a Notice of Determination of No Cause. The Notice

170was sent to Petitioner via certified mail. On March 27,

180Petitioner filed a Petition for Relief with the Commission, and

190it was referred to the Division that same day.

199At the final hearing, the parties offered Joint Exhibits 1

209through 10, which were admitted into evidence. Petitioner

217testified on his own behalf and called Michael Weiss, Jere Frank,

228and Javares Knight to testify. Mr. KnightÓs testimony was to be

239taken by deposition and filed by August 31, 2015. 1/ PetitionerÓs

250Exhibits 12, 16, and 17 were admitted into evidence. Respondent

260called Karen Misiunas to testify on its behalf. Respondent did

270not offer any additional exhibits.

275A court reporter was present during the hearing; however, no

285hearing transcript was ordered. The parties were advised that

294the record would remain open until the deposition transcript of

304Mr. Knight was filed or August 31, 2015, whichever occurred

314first. The parties were to submit their pr oposed recommended

324orders (PROs) ten days after the filing of Mr. KnightÓs

334deposition transcript.

336On September 2, the undersigned issued an Order that closed

346the hearing record. The deposition transcript was not timely

355filed, and neither party requested t he record be reopened to

366allow the filing of it. Further, the Order provided that each

377party should file its proposed recommended order before the close

387of business on September 11.

392On September 8, Petitioner filed a Notice of Voluntary

401Dismissal . On Sep tember 10, RespondentÓs counsel filed a Notice

412of Non - Objection to PetitionerÓs Notice.

419RECOMMENDATION

420Based on PetitionerÓs Notice of Voluntary Dismissal, it is

429RECOMMENDED that a final order be entered by the Florida

439Commission on Human Relations di smissing the Petition for Relief

449filed by Petitioner.

452DONE AND ENTERED this 1 5 th day of September , 2015 , in

464Tallahassee, Leon County, Florida.

468S

469LYNNE A. QUIMBY - PENNOCK

474Administrative Law Judge

477Division of Administrative Hearings

481The DeSoto Building

4841230 Apalachee Parkway

487Tallahassee, Florida 32399 - 3060

492(850) 488 - 9675

496Fax Filing (850) 921 - 6847

502www.doah.state.fl.us

503Filed with the Clerk of the

509Division of Administrative Hearings

513this 1 5 th day of September , 2015 .

522ENDNOTE

5231/ On April 28, Petitioner filed a Motion to Allow Testimony of

535Non - party Via Videoconference (Motion). The Motion was granted,

545and the Order provided specific directions on the attendance of a

556Notary Public to administer an oath to Mr. Knight. Mr. Kn ight

568did not have a Notary Public present with him. At hearing,

579Petitioner mo ved to continue the hearing when it became apparent

590there was no Notary Public. The Motion was denied.

599The undersigned allowed Petitioner the opportunity to notice

607and take M r. KnightÓs deposition prior to the end of business on

620July 24. The parties were advised that Mr. KnightÓs deposition

630was to be filed on or before the close of business on August 31

644in order to be considered, and the record of the proceeding would

656be clos ed on August 31.

662COPIES FURNISHED:

664Tammy S. Barton, Agency Clerk

669Florida Commission on Human Relations

6744075 Esplanade Way , Room 110

679Tallahassee, Florida 32399

682(eServed)

683Hugo M. Villagra

686Apartment 8B

6881165 Palm Avenue

691North Fort Myers, Florida 33903

696Pa lm Frond Condominium Association

701Apartment 7C

7031165 Palm Avenue

706North Fort Myers, Florida 33903

711Hugo M. Villagra, Esquire

715Post Office Box 1124

719Fort Myers, Florida 33902

723(eServed)

724Karen Louise Misiunas, President

728Palm Frond Condominium Associat i on

734Apartm ent 8E

7371165 Palm Avenue

740North Fort Myers, Florida 33903

745(eServed)

746Ron M. Campbell, Esquire

750Cole, Scott and Kissane, P.A.

755Suite 200

75727300 Riverview Center Boulevard

761Bonita Springs, Florida 3413 4

766(eServed)

767Audrey Michelle Singleton , Esquire

771Cole, Scott a nd Kissane, P.A.

777Suite 200

77927300 Riverview Center Boulevard

783Bonita Springs, Florida 34134

787(eServed)

788Cheyanne Costilla, General Counsel

792Florida Commission on Human Relations

7974075 Esplanade Way , Room 110

802Tallahassee, Florida 32399

805(eServed)

806NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

812All parties have the right to submit written exceptions within

82215 days from the date of this Recommended Order. Any exceptions

833to this Recommended Order should be filed with the agency that

844will issue the Final Order in this ca se.

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 12/03/2015
Proceedings: Agency Final Order
PDF:
Date: 12/03/2015
Proceedings: Agency Final Order Dismissing Petition for Relief from a Discriminatory Housing Practice filed.
PDF:
Date: 09/16/2015
Proceedings: Transmittal letter from Claudia Llado forwarding Respondent's Exhibits, which are duplicates or were not offered into evidence..
PDF:
Date: 09/15/2015
Proceedings: Recommended Order
PDF:
Date: 09/15/2015
Proceedings: Recommended Order of Dismissal (hearing held July 10, 2015). CASE CLOSED.
PDF:
Date: 09/15/2015
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 09/10/2015
Proceedings: Notice of Non-Objection filed.
PDF:
Date: 09/08/2015
Proceedings: Petitioner's Notice of Voluntary Dismissal filed.
PDF:
Date: 09/02/2015
Proceedings: Order Closing Record.
PDF:
Date: 07/20/2015
Proceedings: Notice of Filing Process Server's Return of Service of Subpoena Duces Tecum upon FCHR Investigator, Javares Knight filed.
PDF:
Date: 07/15/2015
Proceedings: Notice of Taking Deposition Duces Tecum of FCHR Investigator, Javares Knight via Webex filed.
PDF:
Date: 07/09/2015
Proceedings: Petitioner's Second Amended (Proposed) Exhibit List filed.
PDF:
Date: 07/08/2015
Proceedings: Petitioner's Amended Witness List filed.
PDF:
Date: 07/08/2015
Proceedings: Petitioner's Amended (Proposed) Exhibit List filed.
PDF:
Date: 07/07/2015
Proceedings: Petitioner's Motion in Limine filed.
PDF:
Date: 07/06/2015
Proceedings: Petitioner's Witness List filed.
PDF:
Date: 07/02/2015
Proceedings: Order (denying Respondent's motion to exclude evidence).
PDF:
Date: 07/01/2015
Proceedings: Petitioner's Proposed Exhibit List filed.
PDF:
Date: 07/01/2015
Proceedings: Petitioner's Reply to Respondent's Motion to Exclude Evidence filed.
PDF:
Date: 06/30/2015
Proceedings: Respondents Motion to Exclude Evidence filed.
PDF:
Date: 06/08/2015
Proceedings: Respondents Verified Supplemental Responses to Petitioners Interrogatories filed.
PDF:
Date: 06/08/2015
Proceedings: Notice of Appearance (Audrey Singelton) filed.
PDF:
Date: 06/02/2015
Proceedings: Order (denying motion to compel and denying request for sanctions).
PDF:
Date: 06/02/2015
Proceedings: Amended Notice of Appearance and Email Designation filed.
Date: 06/01/2015
Proceedings: CASE STATUS: Motion Hearing Held.
PDF:
Date: 05/27/2015
Proceedings: Notice of Telephonic Motion Hearing (motion hearing set for June 1, 2015; 4:00 p.m.).
PDF:
Date: 05/26/2015
Proceedings: Undeliverable envelope returned from the Post Office.
PDF:
Date: 05/26/2015
Proceedings: Undeliverable envelope returned from the Post Office.
PDF:
Date: 05/19/2015
Proceedings: Court Reporter Rescheduled filed.
PDF:
Date: 05/15/2015
Proceedings: Petitioner's Motion to Compel Better Answers to Interrogatories filed.
PDF:
Date: 05/15/2015
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 05/15/2015
Proceedings: Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for July 10, 2015; 12:00 p.m.; Fort Myers, FL).
PDF:
Date: 05/14/2015
Proceedings: Respondent's Responses to Petitioner's Interrogatories filed.
Date: 05/13/2015
Proceedings: CASE STATUS: Motion Hearing Held.
PDF:
Date: 05/12/2015
Proceedings: Respondent's Notice of Non-Objection to Petitioner's Motion for Continuance of Hearing filed.
PDF:
Date: 05/11/2015
Proceedings: Petitioner's Affidavit in Support of Motion for Continuance of Hearing filed.
PDF:
Date: 05/11/2015
Proceedings: Respondent's Response in Opposition to Petitioner's Motion for Continuance of Hearing filed.
PDF:
Date: 05/11/2015
Proceedings: Notice of Telephonic Motion Hearing (motion hearing set for May 13, 2015; 4:00 p.m.).
PDF:
Date: 05/08/2015
Proceedings: Petitioner's Motion for Continuance of Hearing filed.
PDF:
Date: 05/08/2015
Proceedings: Respondent's (Proposed) Exhibit List filed.
PDF:
Date: 05/07/2015
Proceedings: Petitioner's First Notice of Service of Interrogatories filed.
PDF:
Date: 05/07/2015
Proceedings: Respondent's Amended Witness List filed.
PDF:
Date: 05/07/2015
Proceedings: Respondent's Responses to Petitioner's Request for Production filed.
PDF:
Date: 05/06/2015
Proceedings: Petitioner's Motion for Continuance of Hearing filed.
PDF:
Date: 05/06/2015
Proceedings: Respondent Palm Frond Condominium Association, Inc.'s Response to Petitioner's Request for Admissions filed.
PDF:
Date: 05/06/2015
Proceedings: Respondent's Witness List filed.
PDF:
Date: 04/30/2015
Proceedings: Notice of Filing Sheriff's Return of Service of Subpoena (Javares Knight) filed.
PDF:
Date: 04/30/2015
Proceedings: Order (on Petitioner's motion to allow testimony of non-party via videoconference).
PDF:
Date: 04/29/2015
Proceedings: Waiver of Service of Subpoena Ad Testificandum (Michael Weiss) filed.
PDF:
Date: 04/29/2015
Proceedings: Waiver of Service of Subpoena Ad Testificandum (Jere Frank) filed.
PDF:
Date: 04/28/2015
Proceedings: (Petitioner's) Motion to Allow Testimony of Non-party via Videoconference filed.
PDF:
Date: 04/28/2015
Proceedings: Order (on Petitioner's Notice of Non-objection and Consent for Witness to Appear via Videoconference).
PDF:
Date: 04/28/2015
Proceedings: (Petitioner's) Notice of Non-objection and Consent for Witness to Appear via Videoconference filed.
PDF:
Date: 04/24/2015
Proceedings: Notice of Appearance (Lesley Burkert) filed.
PDF:
Date: 04/22/2015
Proceedings: Court Reporter Request filed.
PDF:
Date: 04/16/2015
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 04/14/2015
Proceedings: Petitioner's Request for Production filed.
PDF:
Date: 04/10/2015
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 04/10/2015
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 04/10/2015
Proceedings: Notice of Hearing (hearing set for May 18, 2015; 9:00 a.m.; Fort Myers, FL).
PDF:
Date: 04/09/2015
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 04/09/2015
Proceedings: Notice of Appearance (Karen Misiunas) filed.
PDF:
Date: 04/09/2015
Proceedings: Petitioner's Request for Admissions filed.
PDF:
Date: 04/09/2015
Proceedings: Petitioner's Notice of Compliance with Initial Order filed.
PDF:
Date: 04/08/2015
Proceedings: Notice of Appearance (Hugo Villagra) filed.
PDF:
Date: 04/03/2015
Proceedings: Initial Order.
PDF:
Date: 04/03/2015
Proceedings: Determination filed.
PDF:
Date: 04/03/2015
Proceedings: Notice of Determination of No Cause filed.
PDF:
Date: 04/03/2015
Proceedings: Petition for Relief filed.
PDF:
Date: 04/03/2015
Proceedings: Transmittal of Petition filed.

Case Information

Judge:
LYNNE A. QUIMBY-PENNOCK
Date Filed:
04/03/2015
Date Assignment:
04/03/2015
Last Docket Entry:
12/03/2015
Location:
Fort Myers, Florida
District:
Middle
Agency:
ADOPTED IN TOTO
 

Counsels

Related Florida Statute(s) (1):

Related Florida Rule(s) (1):