10-004819 Julio Fuentes vs. Miami-Dade Board Of County Commissioners Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Wednesday, October 6, 2010.

STATEOF FLORIDA

COMMISSION ON HUMAN RELATIONS

JULIO FUENTES, HUDCaseNo. 04-10-0975-8'

Petitioner, DEC \)-80(b t\\ No. 2010H0279

v.

MIAMI-DADE BOARD OF COUNTY FCHR Order No.10-093

COMMISSIONERS,

Respondent.

------------_-----.:/

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM A DISCRIMINATORY HOUSING PRACTICE

This matter is before the Commission for consideration of the Order Relinquishing

Jurisdiction and Closing File,dated October 6,2010, issued inthe above-styled matter by

Administrative Law Judge Robert E.Meale.

Findings of Factand Conclusions of Law

Judge Meale's order reflects that Petitioner failedto appear atthe scheduled administrative

hearing inthematter. Specifically, Judge Meale's orderstatesthat based on Petitioner's failure

toappear, "the fileisclosed,the proceeding is dismissed, and jurisdiction is relinquished tothe

Florida Commission on Human Relations forentry of afinal order dismissing Petitioner's

complaint."

Commission panels have concluded that when a Petitioner failsto appear atthe scheduled

administrative hearing in their case, they failtomeettheir burden of proof,andthe Petition for

Relief should be dismissed. See,e.g.,Crumpv.The Majestic Tower atBal Harbour, FCHR

OrderNo.10-072 (September 21,2010), Bermudez v.Lake County Housing Authority, FCHR

OrderNo.10-041(April27, 2010), Cowden v. Difiglio, etaI., FCHR Order No.09-115

(December 14,2009),Scottv.Two Men andaTruck, FCHR Order No. 09-009 (January 27,

2009), Enzor v.Sandco,Inc., FCHR Order No.08-048(July 29,2008), Rodriguez v. Center

Point Health andRehab, FCHR Order No.08-001 (January 14, 2008), West v. Sembler

Corporation, d/b/a Bay Walk, FCHR Order No.07-037(June 15,2007), Martinez v.KJC

Enterprises, d/b/a Plantation Island Resort, FCHR Order No. 07-028 (April20,2007),Chaney,et

aI.v. Robert Buckner & Associates, FCHR Order No.06-092 (November 13,2006),andPrekv.

Workforce Central Florida, FCHR Order No.06-079 (September 18,2006).

Weadoptthe Administrative Law Judge's findingastothe nonappearance of Petitioner

and conclude that Petitioner hasfailedtocarryhis burden of proof.

FCHR Order No.10-093

Page2

Exceptions

Neither of the parties filed exceptions tothe Administrative Law Judge's Order

Relinquishing Jurisdiction and Closing File.

Dismissal

The Petition for Relief and Housing Discrimination Complaint are DISMISSED with

prejudice.

The parties havetherighttoseek judicial review of thisOrder.The Commission andthe

appropriate District Court of Appeal must receive notice of appeal within 30days of thedatethis

Order isfiled with the Clerk of the Commission. Explanation of the right of appealisfoundin

Section 120.68, Florida Statutes, andinthe Florida Rules of Appellate Procedure 9.110.

DONE AND ORDERED this15 th day of December, 2010.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Donna Elam, Panel Chairperson;

Commissioner Watson Haynes, IT; and

Commissioner Billy Whitefox Stall

Filed this15 th day of December ,2010,

in Tallahassee, Florida.

Commission on Human Relations

2009 Apalachee Parkway, Suite100

Tallahassee, FL32301

[phone]

Copiesfurnishedto:

Julio Fuentes

1310 Northwest 16 th Street,No.511

Miami,FL33125

FCHR OrderNo.10-093

Page3

Miami-Dade Board of County Commissioners

c/oTerrenceA.Smith,Esq.

Miami-Dade County Attorney's Office

111 Northwest FirstStreet,Suite2810

Miami,FL33128

Royal American Management, Inc.

c/oD.AndrewByrne,Esq.

Becker & Poliakoff,P.A.

121 Alhambra Plaza,10 th Floor

CoralGables,FL33134

Robert E. Meale, Administrative LawJudge,DOAH

JamesMallue,Legal Advisor for Commission Panel

I HEREBY CERTIFYthatacopy of theforegoinghas been mailed totheabovelisted

addresseesthis15 th day of December ,2010.

By. UJA/fz'

Clerk of the Commission

Florida Commission onHumanRelations