08-006177 Shawn Taylor vs. Fort Walton Beach Housing Authority Status: Closed Recommended Order on Wednesday, September 23, 2009.

Summary: Petitioner failed to prosecute her claim.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SHAWN TAYLOR, )

)

Petitioner, )

)

vs. ) Case No. 08-6177

)

FORT WALTON BEACH HOUSING )

AUTHORITY, )

)

Respondent. )

)

RECOMMENDED ORDER OF DISMISSAL

Pursuant to notice, this cause came on for Formal Hearing

before P. Michael Ruff, a duly-designated Administrative Law

Judge of the Division of Administrative Hearings. The hearing

was conducted in Shalimar, Florida, on August 4, 2009. The

appearances were as follows:

APPEARANCES

For Petitioner: No appearance

For Respondent: Jeffery Daryl Toney, Esquire

Law Office of Jeffery D. Toney, Sr.

502 North Main Street

Post Office Box 579

Crestview, Florida 32536

STATEMENT OF THE ISSUES

Whether the Petitioner has been the victim of an unlawful Housing Practice, as addressed in Sections 760.20 through 760.37, Florida Statutes, by being subjected to discriminatory terms, conditions, or privileges in the rental of a dwelling,

and in the provision of services or facilities in connection

with such dwelling, because of a handicap of the Petitioner.

PRELIMINARY STATEMENT

This cause arose upon the filing of a complaint and

Petition for relief by the Petitioner, Shawn Taylor. The

Petition for Relief was filed December 4, 2008, and was based on

a complaint filed August 6, 2008. The Florida Commission on

Human Relations (Commission) entered a finding of "No Cause" on

November 6, 2008.

Upon filing of the Petition for Relief, the matter was

transmitted to the Division of Administrative Hearings and the

undersigned Administrative Law Judge.

The matter was set for hearing on February 12, 2009, and,

after one unopposed continuance, was scheduled for April 24,

2009. On March 26, 2009, the parties jointly moved to abate

until a concurrent investigation by the United States Department

of Housing and Urban Development could be completed. That

motion was granted, by Order of April 14, 2009. Thereafter,

upon receiving responses to a Show Cause Order entered June 5,

2009, the case was scheduled for hearing on August 4, 2009.

Upon convening the hearing, the Petitioner failed to

appear.

Counsel for the Respondent represented that neither he, nor

any witness or other person present, had observed the Petitioner

in the vicinity of the hearing room or site. After waiting for

45 minutes, the Petitioner never appeared to prosecute her

claim. The notice was duly-served, un-returned, on the

Petitioner at the last-known address of record.

The scheduled hearing was adjourned because the Petitioner,

with the burden of proof, had failed to appear and present

evidence. No evidence was taken from the Respondent.

After the hearing, an Order to Show Cause was entered,

requiring the Petitioner to explain any good cause for her

failure to appear. The response to that Order was due on

August 23, 2009. No response was filed.

FINDINGS OF FACT

1. The hearing in this matter was convened at the duly-

noticed time and location at the Visiting Judge's Chambers at

the Okaloosa County Courthouse Annex, at 10:00 a.m., Central

Standard Time. The Petitioner failed to appear. The

Respondent, the court reporter and the undersigned waited at the

hearing room for 45 minutes and the Petitioner never appeared.

The Petitioner was appropriately served with the Notice of

Hearing, at her last-known address of record. Counsel for the

Respondent represented, on the record, that neither he, nor any

person present who was acquainted with the Petitioner, had

observed the Petitioner in the vicinity of the hearing site.

2. In light of this circumstance, no evidence was taken,

because the Petitioner, as the party with the burden of proof,

had not appeared to advance her claim. The hearing was

therefore adjourned and the above-referenced Order to Show Cause

was issued, requiring a showing of good cause for the failure to

appear, on pain of dismissal for a failure to timely respond.

The response was due on August 23, 2009. No response was filed.

CONCLUSIONS OF LAW

In light of the above-found circumstances, it is apparent

that the Petitioner has failed, after ample opportunities, to

appear and prosecute her claim. That being the case, and being

advised in the premises, it is

RECOMMENDED that a Final Order be entered by the Florida

Commission on Human Relations denying the Petition in its

entirety.

DONE AND ENTERED this 23rd day of September, 2009, 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

[phone]

Fax Filing [phone]

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 23rd day of September, 2009.

COPIES FURNISHED :

Jeffery Daryl Toney, Esquire

Law Office of Jeffery D. Toney, Sr.

502 North Main Street

Post Office Box 579

Crestview, Florida 32536

Shawn Taylor

Post Office Box 1890

Crestview, Florida 32536

Denise Crawford, Agency Clerk

Florida Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

Larry Kranert, General Counsel

Florida Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

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 the agency that

will issue the Final Order in this case.