05-000025 Betty Mcnair vs. Westgate Motel Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Thursday, March 23, 2006.

Summary: Petitioner failed to appear at the hearing although notice was sent to the address of record. There has been no motion or communication from Petitioner as to the cause of her failure to attend the hearing. Recommend that petition be dismissed.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BETTY MCNAIR , )

)

Petitioner, )

)

vs. ) Case No. 05 - 0025

)

WESTGATE MOTEL , )

)

Respondent. )

)

RECOMMENDED ORDER OF DISMISSAL

Pursuant to notice t his cause came on for formal hearing ,

b efore P. Michael Ruff, duly - designated Administrative Law Judge

of the Division of Administrative Hearings on May 9 , 2005, in

Perry , Florida. The appearances were as follows:

APPEARANCES

For Petitioner: No Appeara nce

For Respondent: Gregory S. Parker, Esquire

The Parker Law Firm

315 West Green Street

Post Office Drawer 509

Perry, Florida 32348

STATEMENT OF THE ISSUE

The issue to be resolved in this proceeding concerns

whether the P etitioner had been discriminat ed against based upon

race for alleged denial of lodging, as addressed in Chapter 760,

Florida Statutes .

PRELIMINARY STATEMENT

This cause arose upon the filing of a charge of

discrimination based upon race by the above - named Petitioner

with the Florida Commission on Human Relations (Commission).

The Commission on December 17, 2004, entered a Notice of

Determination , finding no cause to believe a discriminatory

practice had occurred.

Thereafter the Petitioner filed a Petition for Relief

continuing to asse r t her claim of discrimination against the

above - named Respondent.

The cause ultimately was assigned to the undersigned

administrative law judge and came on for hearing as noticed on

the above - referenced date. Upon convening the hearing the

Petitioner failed to appear. After waiting for a substantial

period of time approximately one hour, the Petitioner never

entered an appearance and never therefore advanced a prima facie

claim. Because the Petition er has the burden of pro of, the

Respondent was not required to present any evidence and the

hearing was adjourned.

FINDINGS OF FACT

1. The Findings of Fact are in essence as stated in the

above Preliminary Statement concerning the Petitioner's lack of

appearance at the hearing. The hearing was duly noticed at the

last address of record for the parties , including the

Petitioner. No appearance has eve r been entered since the

convening of the hearing and no communication , by the

Petitioner, with the undersigned , telephonically , o r in writing

or otherwise has been made to explain her absence from the duly -

scheduled hearing . She has provide d no indication that she

wishe s to prosecute her claim. Accordingly, being advised in

the premises, it is

RECOMMENDATION

RECOMMENDED: Th at a final order be entered by the Florida

Commission on Human Relations dismissing th is Petition for lack

of prosecution, based upon the above - stated reasons.

D ONE AND ENTERED this 5th day of July , 200 5 , in

Tallahassee, Leon County, Florida.

S

P. MICHAEL RUFF

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675 SUNCOM 278 - 9675

Fax Filing (850) 921 - 6847

www.doah.state.fl.u s

Filed with the Clerk of the

Division of Administrative Hearings

this 5th day of July , 200 5 .

COPIES FURNISHED :

Denise Crawford, Agency Clerk

Florida Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

Cecil H oward, General Counsel

Florida Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

Betty McNair

Post Office Box 1358

Perry, Florida 32547

Gregory S. Parker, Esquire

The Parker Law Firm

315 West Green Street

Post O ffice Drawer 509

Perry, Florida 32348

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

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

to this Recommended Order should be filed with th e agency that

will issue the final order in this case.