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02-001572 Glinda Delancy vs. Brevard County School Board
 Status: Closed
Recommended Order on Wednesday, June 19, 2002.

View Dockets  
Summary: Petitioner failed to appear and present evidence at final hearing; dismiss.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8GLINDA DELANCY, )

11)

12Petitioner, )

14)

15vs. ) Case No. 02 - 1572

22)

23BREVARD COUNTY SCHOOL BOARD, )

28)

29Respondent. )

31_________________________________)

32RECOMMENDED ORDER OF DISMISSAL

36Pursuant to notice, the above - styled matter was heard

46before Daniel M. Kilbride, Administrative Law Judge, Division

54of Administrative Hearings, on June 13, 2002, in Titusville,

63Florida. The following appearances were entered:

69APPEARANCES

70For Petitioner: No appearance

74For Respondent: Harold T. Bistline, Esquir e

81Stromire, Bistline, Miniclier

84& Griffith

861970 Michigan Avenue, Building E

91Post Office Box 8248

95Cocoa, Florida 32924 - 8248

100PRELIMINARY STATEMENT

102A Charge of Discrimination was filed by Petitioner with

111the Florida Commission on Human Relations (FCHR) on June 22,

1211999. Petitioner alleged that Respondent had wrongfully

128discharged her from her position as a janitor. Respondent

137denied the allegations, and FCHR conducted an investigation.

145On March 18, 2002, FCHR issued a Notice of Determination: No

156Cause. Petitioner disagreed with the Determination and timely

164filed a Petition for Relief with FCHR and requested a formal

175hearing under Section 120.57(1), Florida Statutes. This matter

183was referred to the Division of Administrative Hearings (DOAH),

192and a formal hearing was scheduled for June 13, 2002, in

203Titusville, Florida.

205The Initial Order was mailed to Petitioner and Respondent

214on April 18, 2002, at the a ddresses provided. Respondent

224provided a response, but Petitioner did not. The formal

233hearing was thereafter scheduled at a location convenient to

242Petitioner. Petitioner in this matter was notified of the

251scheduling of the formal hearing in accordance with Section

260120.57(1), Florida Statutes, at the address furnished by her.

269In accordance therewith, the final hearing was convened at the

279designated location for the hearing: City Hall Council

287Chambers, 555 South Washington Avenue, Titusville, Florida, at

2959:00 a.m., June 13, 2002. Petitioner did not appear. Diligent

305search and inquiry was made to discover the current whereabouts

315of Petitioner; however, she could not be located. Respondent

324was present and was ready to proceed. At 9:30 a.m. when

335Petitioner had not appeared, Respondent requested by ore tenus

344motion that the undersigned dismiss the Petition for Relief.

353Respondent moved on the grounds that Petitioner, who has the

363burden of proof and the burden of going forward with the

374evidence, by not appe aring for the hearing has withdrawn her

385request for a formal hearing and has voluntarily abandoned her

395request for any relief at issue in this proceeding.

404RECOMMENDATION

405Based on the forgoing, it is

411RECOMMENDED that a final order be entered dismissing the

420petition.

421Each party shall bear its own costs and fees associated

431with this proceeding.

434DONE AND ENTERED this 19th day of June, 2002, in

444Tallahassee, Leon County, Florida.

448___________________________________

449DANIEL M. KILBRIDE

452Administrative Law Judge

455Division of Administrative Hearings

459The DeSoto Building

4621230 Apalachee Parkway

465Tallahassee, Florida 32399 - 3060

470(850) 488 - 9675 SUNCOM 278 - 9675

478Fax Filing (850) 921 - 6847

484www.doah.state.fl.us

485Filed with the Clerk of the

491Division of Administrative Hearings

495this 19th day of June, 2002.

501COPIES FURNISHED:

503Harold T. Bistline, Esquire

507Stromire, Bistline, Miniclier & Griffith

5121970 Michigan Avenue, Building E

517Post Office Box 8248

521Cocoa, Florida 3292 4 - 8248

527Glinda Delancy

5293578 Parrish Road

532Mims, Florida 32754

535Denise Crawford, Agency Clerk

539Florida Commission on Human Relations

5442009 Apalachee Parkway, Suite 100

549Tallahassee, Florida 32301

552Cecil Howard, General Counsel

556Florida Commission on Human Relations

5612009 Apalachee Parkway, Suite 100

566Tallahassee, Florida 32301

569NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

575All parties have the right to submit written exceptions within

58515 days from the date of this Recommended Order. Any

595exceptions to this Recommended Order should be filed with the

605agency that will issue the Final Order in this case.

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 10/11/2002
Proceedings: Final Order Dismissing Petition for Relief From an Unlawful Employment Practice filed.
PDF:
Date: 10/09/2002
Proceedings: Agency Final Order
PDF:
Date: 06/19/2002
Proceedings: Recommended Order
PDF:
Date: 06/19/2002
Proceedings: Recommended Order of Dismissal issued (hearing held June 13, 2002) CASE CLOSED.
Date: 06/13/2002
Proceedings: CASE STATUS: Hearing Held; see case file for applicable time frames.
PDF:
Date: 05/10/2002
Proceedings: Letter to DOAH from D. Crawford confirming a request for a court reporter. (filed via facsimile).
PDF:
Date: 05/09/2002
Proceedings: Letter to Judge Kilbride from H. Bistline requesting issuance of 5 witness subpoenas. (filed via facsimile).
PDF:
Date: 05/06/2002
Proceedings: Answer of Respondent, Brevard County School Board (filed via facsimile).
PDF:
Date: 05/02/2002
Proceedings: Order of Pre-hearing Instructions issued.
PDF:
Date: 05/02/2002
Proceedings: Notice of Hearing issued (hearing set for June 13, 2002; 9:00 a.m.; Titusville, FL).
PDF:
Date: 04/29/2002
Proceedings: Brevard County School Board`s Response to Initial Order (filed via facsimile).
PDF:
Date: 04/26/2002
Proceedings: Notice of Appearence (filed by H. Bistline via facsimile).
PDF:
Date: 04/22/2002
Proceedings: Charge of Discrimination (filed via facsimile).
PDF:
Date: 04/22/2002
Proceedings: Determination: No Cause (filed via facsimile).
PDF:
Date: 04/22/2002
Proceedings: Notice of Determination: No Cause (filed via facsimile).
PDF:
Date: 04/18/2002
Proceedings: Charge of Discrimination filed.
PDF:
Date: 04/18/2002
Proceedings: Petition for Relief filed.
PDF:
Date: 04/18/2002
Proceedings: Transmittal of Petition filed by the Agency.
PDF:
Date: 04/18/2002
Proceedings: Initial Order issued.

Case Information

Judge:
DANIEL M. KILBRIDE
Date Filed:
04/18/2002
Date Assignment:
04/18/2002
Last Docket Entry:
10/11/2002
Location:
Titusville, Florida
District:
Northern
Agency:
ADOPTED IN TOTO
 

Counsels

Related Florida Statute(s) (1):