eLaws | eCases | Florida State | Florida Courts | Counties & Cities of Florida | Code of Federal Regulations |
Home » Cases Under Administrative Hearing » 13-004655

13-004655 Torri Holmes vs. Carolina Square Apartments
 Status: Closed
Recommended Order on Wednesday, January 29, 2014.

View Dockets  
Summary: Recommend order of dismissal. Petitioner did not appear at final hearing.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8TORRI HOLMES ,

10Petitioner ,

11vs. Case No. 13 - 4655

17CAROLINA SQUARE APARTMENTS ,

20Respondent .

22/

23RECOMMENDED ORDER OF DISMISSAL

27This cause came on for hea ring pursuant to notice on

38January 29, 2014, in Tallahassee, Florida, before Suzanne Van

47Wyk, Administrative Law Judge of the Division of Administrative

56Hearings (Division) . The hearing was noticed to be heard at

679:30 a.m. at the Division in Tallahassee, Florida. The Notice of

78Hearing was not returned as undeliverable. Petitioner delivered

86by facsimile on the morning of January 29, 2014, a letter to the

99undersigned stating his intent not to appear at the scheduled

109hearing. Petitioner did not appea r at t he scheduled time of

1219:30 a.m. on the day of the hearing. Counsel for the Respondent

133was present with two witnesses ready to proceed. A court

143reporter was also present and recorded the proceedings outlined

152below.

153FINDINGS OF FACT

1561. The undersigned c onvened the final hearing at 9:40 a.m.

167on J anuary 29, 2014, having allowed Petitioner additional time to

178appear.

1792. RespondentÓs counsel made his appearance for the record.

1883. The undersigned informed RespondentÓs counsel regarding

195PetitionerÓs communi cation stating his intent not to appear.

2044. RespondentÓs counsel was questioned about any

211acquaintance with the under signed and confirmed that he never met

222nor communicated with the undersigned before the hearing on

231January 29, 2014.

234CONCLUSION OF LAW

2375. Petitioner has the burden of proof and the burden to go

249forward. As no evidence was presented in support of Petitioner's

259petition, Petitioner failed to meet his burden.

266RECOMMENDATION

267Based upon the fact that Petitioner failed to present any

277evidence i n support of his Petition, it is

286RECOMMENDED that the Florida Commission on Human Relations

294enter an order dismissing this case.

300DONE AND ENT ERED this 29th day of January , 2014 , in

311Tallahassee, Leon County, Florida .

316S

317SUZANNE VAN WYK

320Administrative Law Judge

323Division of Administrative Hearings

327The DeSoto Building

3301230 Apalachee Parkway

333Tallahassee, Florida 32399 - 3060

338(850) 488 - 9675

342Fax Filing (850) 921 - 6847

348www.doah.state.fl.us

349Filed with the Clerk of the

355Division o f Administrative Hearings

360this 29th day of January , 2014 .

367COPIES FURNISHED :

370Violet Denise Crawford, Agency Clerk

375Florida Commission on Human Relations

3802009 Apalachee Parkway , Suite 100

385Tallahassee, Florida 32301

388Cheyanne Costilla, General Counsel

392Flor ida Commission on Human Relations

3982009 Apalachee Parkway, Suite 100

403Tallahassee, Florida 32301

406Torri Holmes

4081700 North Monroe Street , Suite 11 - 263

416Tallahassee, Florida 32303

419Elwin R. Thrasher, III, Esquire

424The Thrasher Law Firm

428908 North Gadsden Street

432Tallahassee, Florida 32303

435NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

441All parties have the right to submit written exceptions within 15

452days from the date of this Recommended Order. Any exceptions to

463this Recommended Order should be filed with the agency that will

474issue the Final Order in this case.

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 03/26/2014
Proceedings: Agency Final Order
PDF:
Date: 03/26/2014
Proceedings: Agency Final Order filed.
PDF:
Date: 02/10/2014
Proceedings: Undeliverable envelope returned from the Post Office.
PDF:
Date: 01/29/2014
Proceedings: Recommended Order
PDF:
Date: 01/29/2014
Proceedings: Recommended Order (hearing held January 29, 2014). CASE CLOSED.
PDF:
Date: 01/29/2014
Proceedings: Notice of Ex-parte Communication.
Date: 01/29/2014
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 01/29/2014
Proceedings: Letter to Judge Van Wyk from Torri Holmes regarding not appearing at the hearing today filed.
PDF:
Date: 01/07/2014
Proceedings: Respondent's Witness List and Certificate of Service of Documents Which May be Used at Final Hearing filed.
PDF:
Date: 01/07/2014
Proceedings: Court Reporter Notice filed.
PDF:
Date: 01/07/2014
Proceedings: Order Granting Continuance and Re-scheduling Hearing (hearing set for January 29, 2014; 9:30 a.m.; Tallahassee, FL).
PDF:
Date: 01/07/2014
Proceedings: Respondent's Second Amended Motion for Continuance filed.
PDF:
Date: 01/07/2014
Proceedings: Motion to Deny Respondents' Continuance Request filed.
PDF:
Date: 01/06/2014
Proceedings: Respondent's Amended Motion for Continuance filed.
PDF:
Date: 01/06/2014
Proceedings: Order on Petitioner`s Evidentiary Motions.
PDF:
Date: 01/06/2014
Proceedings: Order on Respondent`s Motion for Continuance.
PDF:
Date: 01/06/2014
Proceedings: Motion for Continuance filed.
PDF:
Date: 01/03/2014
Proceedings: Letter to Judge Van Wyk from Torri Holmes requesting a document from the Florida Department of Agriculture be allowed as evidence filed.
PDF:
Date: 12/23/2013
Proceedings: Letter to Judge Van Wyk from Torri Holmes requesting to allow cellular phone and photos from cellular phone as evidence filed.
PDF:
Date: 12/23/2013
Proceedings: Letter to Judge Van Wyk from Torri Holmes regarding no witness list filed.
PDF:
Date: 12/17/2013
Proceedings: Court Reporter Notice filed.
PDF:
Date: 12/17/2013
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 12/17/2013
Proceedings: Notice of Hearing (hearing set for January 17, 2014; 9:30 a.m.; Tallahassee, FL).
PDF:
Date: 12/13/2013
Proceedings: Respondent's Information Requested in Initial Order filed.
PDF:
Date: 12/12/2013
Proceedings: Letter to Judge Van Wyk from Torri Holmes requesting to expedite court hearing filed.
PDF:
Date: 12/10/2013
Proceedings: Notice of Ex-parte Communication.
PDF:
Date: 12/09/2013
Proceedings: Motion to Expedite Court Hearing filed.
PDF:
Date: 12/02/2013
Proceedings: Initial Order.
PDF:
Date: 12/02/2013
Proceedings: Housing Discrimination Complaint filed.
PDF:
Date: 12/02/2013
Proceedings: Determination filed.
PDF:
Date: 12/02/2013
Proceedings: Notice of Determination of No Cause filed.
PDF:
Date: 12/02/2013
Proceedings: Petition for Relief filed.
PDF:
Date: 12/02/2013
Proceedings: Transmittal of Petition filed by the Agency.

Case Information

Judge:
SUZANNE VAN WYK
Date Filed:
12/02/2013
Date Assignment:
12/02/2013
Last Docket Entry:
03/26/2014
Location:
Tallahassee, Florida
District:
Northern
Agency:
ADOPTED IN TOTO
 

Counsels

Related Florida Statute(s) (1):