98-002722 Division Of Real Estate vs. Noel D. Clark, Jr., And Abc Home Brokers, Inc.
 Status: Closed
Recommended Order on Wednesday, July 28, 1999.


View Dockets  
Summary: Petitioner failed to prove material allegation of fraud, breach of fiduciary duty, or failure to comply with a subpoena.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8DEPARTMENT OF BUSINESS AND )

13PROFESSIONAL REGULATION, )

16DIVISION OF REAL ESTATE, )

21)

22Petitioner, )

24)

25vs. ) Case No. 98-2722

30)

31NOEL D. CLARK, JR. and )

37ABC HOME BROKERS, INC., )

42)

43Respondents. )

45______________________________)

46DEPARTMENT OF BUSINESS AND )

51PROFESSIONAL REGULATION, )

54DIVISION OF REAL ESTATE, )

59)

60Petitioner, )

62)

63vs. ) Case No. 98-4081

68)

69NOEL D. CLARK, JR.; BETSY L. )

76BRENNAN; and ABC HOME )

81BROKERS, INC., )

84)

85Respondents. )

87______________________________)

88RECOMMENDED ORDER

90Robert E. Meale, Administrative Law Judge of the Division of

100Administrative Hearings, conducted the final hearing by

107videoconference in Tallahassee, Florida, on May 7, 1999. The

116parties, attorneys for the parties, witnesses, and court reporter

125participated by videoconference in Fort Myers, Florida.

132APPEARANCES

133For Petitioner: Geoffrey T. Kirk, Senior Attorney

140Division of Real Estate

144Department of Business and

148Professional Regulation

150Post Office Box 1900

154Orlando, Florida 32802-1900

157For Respondents: Noel D. Clark, pro se

164Betsy L. Brennan, pro se

16918060 North Tamiami Trail

173North Fort Myers, Florida 33917

178STATEMENT OF THE ISSUES

182The iss ues are whether Respondents failed to comply with the

193requirements of keeping and producing records, committed fraud in

202any business transaction, and, if so, the penalty.

210PRELIMINARY STATEMENT

212Petitioner commenced DOAH Case No. 98-2722 by filing, on

221May 5, 1998, an Administrative Complaint alleging that Respondent

230Noel D. Clark, Jr., is a licensed real estate broker serving as

242the qualifying broker of Respondent ABC Home Brokers, Inc., which

252is a corporation registered as a Florida real estate broker.

262Th e Administrative Complaint alleges that Petitioner's

269investigator served a subpoena upon Respondents requiring the

277production of depository information in the transaction from

285Betty A. Smith, Trustee, to John E. and Elizabeth M. Crawford and

297escrow records and monthly reconciliations from October 1, 1997,

306through March 27, 1998. This was subpoena number 041706.

315The Administrative Complaint alleges that Respondents did

322not produce the subpoenaed items on March 31, 1998, except for a

334copy of the Crawford contract and incomplete trust account

343records.

344The Administrative Complaint alleges that another

350investigator served two more subpoenas on April 6, 1998, ordering

360the production of all bank statements, canceled checks, receipts,

369deposit book slips, checkbooks, and reconciliations from

376January 1, 1997, through April 7, 1998. These were subpoena

386numbers 041707 and 041708.

390The Administrative Complaint alleges that Respondents did

397not produce the subpoenaed items on April 9, 1998. The

407investigator asked Respondent Clark to set an alternative date

416for production, but he did not do so.

424The Administrative Complaint alleges that Respondents Clark

431and ABC Home Brokers failed to prepare the required written

441monthly escrow-statement reconciliations, in violation of Section

448475.25,(1)(e), Florida Statutes, and Rule 61J2-14.012(2) and (3),

457Florida Administrative Code; failed to preserve and make

465available to Petitioner all books, records, and supporting

473documents and failed to keep an accurate account of all trust

484fund transactions, in violation of Section 475.25(1)(e), Florida

492Statutes, and Rule 61J2-14.012(1), Florida Administrative Code;

499and failed to keep and make available to Petitioner such books,

510accounts, and records as would enable Petitioner to determine

519whether the broker is in compliance with the provisions of

529Chapter 475, Florida Statutes, in violation of Section 475.5015,

538Florida Statutes, and thus Section 475.25(1)(e), Florida

545Statutes.

546Petitioner commenced DOAH Case No. 98-4081 by filing, on

555July 9, 1998, an Administrative Complaint alleging that

563Respondents Clark and ABC Home Brokers are real estate brokers,

573as noted above, and Betsy L. Brennan is a licensed real estate

585salesperson.

586The Administrative Complaint alleges that, on December 4,

5941997, Respondent Brennan, as Trustee of the Driftwood Family

603Trust, offered to purchase a mobile home owned by Lauren and

614Patricia Hanson. The Administrative Complaint alleges that

621Respondent Clark had a verbal listing with Patricia Hanson to

631sell the mobile home and informed her that Respondent Brennan

641would offer $30,000, less his commission. Although Lauren Hanson

651allegedly never signed the contract, Respondent Clark nonetheless

659allegedly allowed Charles and Cynthia Harvey to move into the

669mobile home.

671The Administrative Complaint alleges that Respondents had

678offered to sell the Harveys the mobile home for $42,000, despite

690the fact that the Hansons had not sold the mobile home. The

702Administrative Complaint alleges that the Harveys paid $12,000

711down, in the form of a truck and other credits. The

722Administrative Complaint alleges that Respondents never advised

729the Hansons of the price or terms of the resale to the Harveys.

742The Administrative Complaint alleges that Respondent Brennan

749tried to void the sale to the Harveys, but Respondents kept

760furniture of the Hansons and declined to return the truck to the

772Harveys.

773The Administrative Complaint alleges that Respondents Clark,

780Brennan, and ABC Home Brokers are guilty of fraud,

789misrepresentation, concealment, false promises, false pretenses,

795dishonest dealing by trick, scheme, or device, culpable

803negligence, or breach of trust in any business transaction, in

813violation of Section 475.25(1)(b), Florida Statutes.

819Respondents demanded a formal hearing.

824The Administrative Law Judge consolidated the two cases.

832At the hearing, Petitioner called six witnesses and offered

841into evidence 14 exhibits: Petitioner Exhibits 2-4, 9, 13-14,

85016-21, and 23-24. Respondents called four witnesses and offered

859into evidence four exhibits: Respondents Exhibits 4, 5, 15, and

86916. All exhibits were admitted except Petitioner Exhibit 21 and

879Respondents Exhibit 15, which were proffered.

885The court reporter filed the Transcript on June 15, 1999.

895FINDINGS OF FACT

8981. Respondent Noel D. Clark, Jr. (Clark), has been a

908licensed real estate broker at all material times. From

917August 24, 1994, through November 9, 1997, he was the qualifying

928broker for ABC Brokers, Inc. From November 10, 1997, through

938April 21, 1998, Clark was the qualifying broker for Respondent

948ABC Home Brokers, Inc. (ABC). From April 22, 1998, through the

959present, Clark has been an individual real estate broker.

9682. ABC was a licensed real estate brokerage corporation

977from November 10, 1997, through April 21, 1998. Since April 22,

9881998, ABC has not held a valid registration due to the lack of a

1002qualifying broker.

10043. Respondent Betsy L. Brennan (Brennan) has been a

1013licensed real estate salesperson since December 8, 1997. From

1022December 8, 1997, through April 13, 1998, she was a salesperson

1033under ABC. Since April 14, 1998, Brennan has been a licensed

1044real estate salesperson under Clark.

10494. At all material times, Patricia and Lauren Hanson owned

1059a mobile home located on a rented lot in North Fort Myers. By a

1073listing agreement entered into in October 1996, the Hansons

1082listed the home for sale with ABC. The listing price was $34,500

1095cash.

10965. Charles and Cynthia Harvey contacted Brennan and

1104expressed an interest in purchasing the mobile home. They told

1114Brennan that they were interested in buying a home after they

1125sold Mr. Harvey's 1977 Ford dump truck.

11326. Brennan and Clark showed them several mobile homes. The

1142Harveys decided that they wanted to purchase the Hansons' home.

1152Brennan told the Harveys that she, as Trustee of the Driftwood

1163Family Trust, would sell them the mobile home after buying it

1174from the current owner. Most of the beneficiaries of the

1184Driftwood Family Trust are related to Clark or Brennan.

11937. On December 4, 1997, Brennan, as Trustee of the

1203Driftwood Family Trust, as purchaser, executed an ABC dealer

1212order form to purchase the Hansons' mobile home for $28,000,

1223which with tax and miscellaneous items rose to $30,430. On

1234December 6, 1997, Brennan, as Trustee of the Driftwood Family

1244Trust, as purchaser, executed an Agreement and Promissory Note

1253reflecting the same purchase price. ABC faxed these materials to

1263the Hansons on or about December 6.

12708. On December 5, 1997, Brennan, as Trustee of the

1280Driftwood Family Trust, as seller, and Charles and Cynthia

1289Harvey, as buyers, entered into an Agreement and Promissory Note

1299for the purchase and sale of the Hansons' mobile home. The price

1311was $42,000 with a $12,000 down payment. In the agreement,

1323Brennan, as Trustee, warrants that she is the lawful owner of the

1335property with the right to convey it.

13429. For the down payment, the Harveys delivered to Brennan

1352the executed title to the dump truck, which Brennan accepted,

1362somewhat generously given the value of the truck, in full payment

1373of the $12,000 down payment. The delivery of the title

1384certificate did not take place until January 10, 1998, by which

1395time, probably due to her awareness of problems with the deal,

1406Brennan decided not to cause the issuance of a new title in her

1419name.

142010. The Harveys began moving into the mobile home on

1430December 6. The evidence is especially vague as to the dealings

1441between Respondents and the Hansons during this period of time.

1451Except for faxing the Driftwood Trust offer to purchase, the

1461record reveals only that, on or about the day that the Harveys

1473moved into her mobile home, Patricia Hanson consented to their

1483doing so.

148511. Three or four days later, though, Patricia Hanson's

1494sister visited the Harveys and told them that her sister had not

1506sold the mobile home. The Harveys informed her that they had a

1518binding contract to purchase the mobile home.

152512. That evening, the Harveys telephoned Clark. He assured

1534them that everything would work out. However, the Harveys

1543refused to pay on the note, and Clark called them and informed

1555them that he would foreclose.

156013. By letter dated January 26, 1998, Brennan, as Trustee,

1570informed the Harveys that the December 5 agreement was "void ab

1581initio" because they had induced the agreement through fraudulent

1590inducements of "their credit and financial situation,

1597employability and job stability."

160114. The January 26 letter states that the December 5

1611agreement was contingent upon Brennan's closing on the mobile

1620home with the Hansons and that the Harveys understood that they

1631were not to disturb the Hansons' property or furnishings until

1641Brennan acquired the property from the Hansons. The January 26

1651letter states that the Harveys misrepresented to Brennan that

1660they had good credit, that Mr. Harvey earned $42 per hour with

1672the truck, and that Mr. Harvey would earn $15 per hour driving a

1685dump truck for someone else.

169015. The January 26 letter states that Brennan has hired an

1701attorney to litigate and "will be entitled to an award of costs

1713and attorney fees since the agreement contains a 'prevailing

1722party' provision which by its nature survives the voiding of the

1733agreement." The December 5 agreement contains a provision for

1742attorneys' fees, although the provision does not appear to

1751survive its voiding. In any event, the Harveys made no

1761representations in the Agreement concerning their

1767creditworthiness, and no misrepresentation concerning

1772creditworthiness constitutes a breach of the December 5

1780agreement.

178116. Eventually, Brennan offered to rescind the deal and

1790return to the Harveys their money and truck. They got the truck

1802back several months later.

180617. In the meantime, Mr. Harvey contacted Patricia Hanson,

1815and they agreed on a lease/purchase arrangement. The Harveys

1824continue to occupy the mobile home under this arrangement.

183318. Analysis of the fraudulent misrepresentations in the

1841Hanson/Harvey transactions case requires close consideration of

1848the allegations of the Administrative Complaint in DOAH Case

1857No. 98-4081.

18591. The first material allegation is that Brennan, as

1868Trustee, offered to purchase the mobile home from the Hansons.

1878Petitioner has established this fact.

18832. The second material allegation is that Clark had a

1893verbal listing from the Hansons to sell their mobile home.

1903Petitioner has established this fact by reasonable inference.

19113. The third material allegation is that Clark told Hanson

1921that Brennan would offer $30,000, less the commission.

1930Petitioner has not established Clark's role in this offer, but

1940Petitioner has established that Brennan, as Trustee, made such an

1950offer.

19514. The fourth material allegation is that, even though the

1961Hansons had not agreed to sell, Clark allowed the Harveys to move

1973into the Hansons' mobile home. Petitioner has established this

1982fact, but the record reveals that this was with the permission of

1994Patricia Hanson.

19965. The fifth material allegation is that Respondents

"2004offered" to sell the mobile home to the Harveys for $42,000.

2016Petitioner has established this fact, but the record reveals that

2026the Harveys knew that Brennan, as Trustee, was acquiring the

2036mobile home from a third party. However, this allegation does

2046not inform Brennan that she is facing a charge of

2056misrepresentation in the contract, in which she warrants title

2065that she does not have. This allegation only states that the

"2076Harveys had been offered the mobile home by the Respondents for

2087$42,000, despite the fact that a bona fide sale had never taken

2100place between . . . Brennan and the Hansons."

21096. The sixth material allegation is that the Harveys paid

2119$12,000 down in the form of the truck and other credits.

2131Petitioner established these facts, except that the value of the

2141truck was less than $12,000 and no other credits existed.

21527. The seventh material allegation is that Respondents did

2161not advise the Hansons of the price or financing on the Harvey

2173sale. Petitioner did not establish these facts.

21808. The eighth material allegation is that Brennan tried to

2190void the purported sale, but Respondents kept the Hansons'

2199furniture and refused to return the truck to the Harveys.

2209Petitioner established that Brennan tried to void the Harvey

2218transaction. Petitioner did not establish that Respondents kept

2226the Hansons' furniture, and the evidence established that

2234Respondents returned the Harveys' truck. This allegation informs

2242Brennan that she allegedly committed fraud in trying to void the

2253transaction without returning the parties to the status quo, but

2263this allegation does not inform her that she is facing a charge

2275of misrepresentation for her misstatements in the letter itself.

22849. For the reasons stated, Petitioner has failed to prove

2294the material allegations of fraud, misrepresentation,

2300concealment, false promises, false pretenses, dishonest dealing

2307by trick, scheme, or device, culpable negligence, or breach of

2317trust in any business transaction.

232210. By subpoena issued March 27, 1998, Petitioner ordered

"2331Noel D. Clark" and ABC to produce, on the same date, all records

2344concerning a sale from Betty A. Smith, Trustee, to John E. and

2356Elizabeth M. Crawford.

235911. The copy of the subpoena contains no return of service.

2370Petitioner's investigator testified that he served the subpoena

2378on Clark, who is "Noel D. Clark, Jr."

238612. Neither Clark nor ABC produced records in connection

2395with the March 27 subpoena.

240013. Justifiably concerned with the enforceability of the

2408subpoena, Petitioner issued two more subpoenas, both dated

2416April 6, 1998, to produce documents relating to the Crawford

2426transaction. One subpoena was directed to Clark and the other to

2437ABC.

243814. The Clark subpoena bears a return of service, but it

2449shows that the investigator served the subpoena on April 6 on

2460Brennan, not Clark. The ABC subpoena bears no return of service,

2471and the investigator who purportedly served the subpoena did not

2481testify.

2482CONCLUSIONS OF LAW

248533. The Division of Administrative Hearings has

2492jurisdiction over the subject matter. Section 120.57(1), Florida

2500Statutes. (All references to Sections are to Florida Statutes.

2509All references to Rules are to the Florida Administrative Code.)

251934. Section 475.25(1) provides in part:

2525(1) The commission may deny an application

2532for licensure, registration, or permit, or

2538renewal thereof; may place a licensee,

2544registrant, or permittee on probation; may

2550suspend a license, registration, or permit

2556for a period not exceeding 10 years; may

2564revoke a license, registration, or permit;

2570may impose an administrative fine not to

2577exceed $1,000 for each count or separate

2585offense; and may issue a reprimand, and any

2593or all of the foregoing, if it finds that the

2603licensee, registrant, permittee, or

2607applicant:

2608(b) Has been guilty of fraud,

2614misrepresentation, concealment, false

2617promises, false pretenses, dishonest dealing

2622by trick, scheme, or device, culpable

2628negligence, or breach of trust in any

2635business transaction in this state or any

2642other state, nation, or territory; has

2648violated a duty imposed upon her or him by

2657law or by the terms of a listing contract,

2666written, oral, express, or implied, in a real

2674estate transaction; has aided, assisted, or

2680conspired with any other person engaged in

2687any such misconduct and in furtherance

2693thereof; or has formed an intent, design, or

2701scheme to engage in any such misconduct and

2709committed an overt act in furtherance of such

2717intent, design, or scheme. It is immaterial

2724to the guilt of the licensee that the victim

2733or intended victim of the misconduct has

2740sustained no damage or loss; that the damage

2748or loss has been settled and paid after

2756discovery of the misconduct; or that such

2763victim or intended victim was a customer or a

2772person in confidential relation with the

2778licensee or was an identified member of the

2786general public.

2788(e) Has violated any of the provisions of

2796this chapter or any lawful order or rule made

2805or issued under the provisions of this

2812chapter or part I of chapter 455.

281935. Section 475.5015 provides:

2823Each broker shall keep and make available to

2831the department such books, accounts, and

2837records as will enable the department to

2844determine whether such broker is in

2850compliance with the provisions of this

2856chapter. Each broker shall preserve at least

2863one legible copy of all books, accounts, and

2871records pertaining to her or his real estate

2879brokerage business for at least 5 years from

2887the date of receipt of any money, fund,

2895deposit, check, or draft entrusted to the

2902broker or, in the event no funds are

2910entrusted to the broker, for at

2916least 5 years from the date of execution by

2925any party of any listing agreement, offer to

2933purchase, rental property management

2937agreement, rental or lease agreement, or any

2944other written or verbal agreement which

2950engages the services of the broker. If any

2958brokerage record has been the subject of or

2966has served as evidence for litigation,

2972relevant books, accounts, and records must be

2979retained for at least 2 years after the

2987conclusion of the civil action or the

2994conclusion of any appellate proceeding,

2999whichever is later, but in no case less than

3008a total of 5 years as set above. Disclosure

3017documents required under ss. 475.2755,

3022475.276, and 475.278 shall be retained by the

3030real estate licensee in all transactions that

3037result in a written contract to purchase and

3045sell real property.

304836. Rule 61J2-14.012 provides:

3052(1) A broker who receives a deposit as

3060previously defined shall preserve and make

3066available to the BPR, or its authorized

3073representative, all deposit slips and

3078statements of account rendered by the

3084depository in which said deposit is placed,

3091together with all agreements between the

3097parties to the transaction. In addition, the

3104broker shall keep an accurate account of each

3112deposit transaction and each separate bank

3118account wherein such funds have been

3124deposited. All such books and accounts shall

3131be subject to inspection by the DPR or its

3140authorized representatives at all reasonable

3145times during regular business hours.

3150(2) Once monthly, a broker shall cause to be

3159made a written statement comparing the

3165broker's total liability with the reconciled

3171bank balance(s) of all trust accounts. The

3178broker's trust liability is defined as the

3185sum total of all deposits received, pending

3192and being held by the broker at any point in

3202time. The minimum information to be included

3209in the monthly statement-reconciliation shall

3214be the date the reconciliation was

3220undertaken, the date used to reconcile the

3227balances, the name of the bank(s), the

3234name(s) of the account(s), the account

3240number(s), the account balance(s) and

3245date(s), deposits in transit, outstanding

3250checks identified by date and check number,

3257an itemized list of the broker's trust

3264liability, and any other items necessary to

3271reconcile the bank account balance(s) with

3277the balance per the broker's checkbook(s) and

3284other trust account books and records

3290disclosing the date of receipt and the source

3298of the funds. The broker shall review, sign

3306and date the monthly statement-

3311reconciliation.

3312(3) Whenever the trust liability and the

3319bank balances do not agree, the

3325reconciliation shall contain a description or

3331explanation for the difference(s) and any

3337corrective action taken in reference to

3343shortages or overages of funds in the

3350account(s). Whenever a trust bank account

3356record reflects a service charge or fee for a

3365non-sufficient check being returned or

3370whenever an account has a negative balance,

3377the reconciliation shall disclose the

3382cause(s) of the returned check or negative

3389balance and the corrective action taken.

339537. Petitioner must prove the material allegations by clear

3404and convincing evidence. Department of Banking and Finance v.

3413Osborne Stern and Company, Inc. , 670 So. 2d 932 (Fla. 1996) and

3425Ferris v. Turlington , 510 So. 2d 292 (Fla. 1987).

343438. Petitioner has failed to prove the material allegations

3443of the Administrative Complaints.

3447RECOMMENDATION

3448It is

3450RECOMMENDED that the Florida Real Estate Commission enter a

3459final order dismissing the Administrative Complaints in DOAH Case

3468Numbers 98-2722 and 98-4081.

3472DONE AND ENTERED this 28th day of July, 1999, in

3482Tallahassee, Leon County, Florida.

3486___________________________________

3487ROBERT E. MEALE

3490Administrative Law Judge

3493Division of Administrative Hearings

3497The DeSoto Building

35001230 Apalachee Parkway

3503Tallahassee, Florida 32399-3060

3506(850) 488-9675 SUNCOM 278-9675

3510Fax Filing (850) 921-6847

3514www.doah.state.fl.us

3515Filed with the Clerk of the

3521Division of Administrative Hearings

3525this 28th day of July, 1999.

3531COPIES FURNISHED:

3533William Woodyard, General Counsel

3537Department of Business and

3541Professional Regulation

35431940 North Monroe Street

3547Tallahassee, Florida 32399-0792

3550Herbert S. Fecker, Division Director

3555Division of Real Estate

3559Department of Business and

3563Professional Regulation

3565Post Office Box 1900

3569Orlando, Florida 32802-1900

3572Geoffrey T. Kirk, Senior Attorney

3577Division of Real Estate

3581Department of Business and

3585Professional Regulation

3587Post Office Box 1900

3591Orlando, Florida 32802-1900

3594Noel D. Clark

3597Betsy L. Brennan

3600ABC Home Brokers, Inc.

360418060 North Tamiami Trail

3608North Fort Myers, Florida 33917

3613NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

3619All parties have the right to submit written exceptions within 15

3630days from the date of this recommended order. Any exceptions to

3641this recommended order must be filed with the agency that will

3652issue the final order in this case.

Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 07/15/2004
Proceedings: Final Order filed.
Date: 10/02/2000
Proceedings: Appellee`s Status Report Regarding the Record Preparation (DPBR) (filed via facsimile).
Date: 06/27/2000
Proceedings: Motion to Perfect the Omissions in the Record (filed by Petitioner`s via facsimile) filed.
Date: 03/02/2000
Proceedings: By Order of the Court (Appellants` motion for leave of court to go back to the DOAH to perfect the omissions in the record is granted) filed.
Date: 11/17/1999
Proceedings: Final Order filed.
PDF:
Date: 10/19/1999
Proceedings: Agency Final Order
Date: 08/24/1999
Proceedings: Respondents, Noel D. Clark, Jr. and Betsy L. Brennan`s Response to Petitioner`s Exceptions to ALJ`s Recommended Order (filed via facsimile).
PDF:
Date: 07/28/1999
Proceedings: Recommended Order
PDF:
Date: 07/28/1999
Proceedings: Recommended Order sent out. CASE CLOSED. Hearing held 05/07/99.
Date: 06/28/1999
Proceedings: (N. Clark, B. Brennan) Proposed Findings of Fact, Proposed Conclusions of Law and Proposed Recommendation From ABC Home Brokers, Inc., Jeffery T. Clark as Agent an Noel D. Clark, Jr. and Betsy Brennan Respondents (filed via facsimile).
Date: 06/25/1999
Proceedings: Petitioner`s Proposed Recommended Order (filed via facsimile).
Date: 06/15/1999
Proceedings: Transcript of Proceedings filed.
Date: 05/07/1999
Proceedings: CASE STATUS: Hearing Held.
Date: 05/07/1999
Proceedings: Respondent`s Notice of Pre-Filing Its Proposed Exhibits for Use or Admission at the Formal Hearing, May 7, 1999 (filed via facsimile).
Date: 05/06/1999
Proceedings: Respondent`s Objection to Petitioner`s Proposed Document List; Respondent`s Witness List (filed via facsimile).
Date: 05/06/1999
Proceedings: Petitioner`s Supplemental Witness List (filed via facsimile).
Date: 05/06/1999
Proceedings: (N. Clark, B. Brennan) Request for Judicial Notice (filed via facsimile).
Date: 05/05/1999
Proceedings: Petitioner`s Witness List; Petitioner`s Notice of Pre-Filing Its Proposed Exhibits for Use or Admission at the Formal Hearing filed.
Date: 04/28/1999
Proceedings: Fifth Amended Notice of Hearing To Change Location Only sent out. (hearing set for 5/7/99; 8:00am; Talla & Ft. Myers)
Date: 03/25/1999
Proceedings: Notice of Substitute Counsel (filed via facsimile).
Date: 02/19/1999
Proceedings: Order Granting Continuance and Fourth Amended Notice of Hearing sent out. (2/16/99 hearing reset for 5/7/99; 8:00am; Ft. Myers)
Date: 02/11/1999
Proceedings: Emergency Motion for Continuance (Respondents) (filed via facsimile).
Date: 01/29/1999
Proceedings: Order Granting Continuance and Third Amended Notice of Hearing sent out. (1/26/99 hearing reset for 2/16/99; 9:00am; Ft. Myers)
Date: 01/25/1999
Proceedings: (F. Wilsen) Emergency Motion to Withdraw as Counsel and Motion to Continue Hearing (filed via facsimile).
Date: 01/21/1999
Proceedings: Petitioner`s Response to Respondent`s Emergency Motion for Continuance (filed via facsimile).
Date: 01/19/1999
Proceedings: Emergency Motion for Continuance (Respondent) (filed via facsimile).
Date: 10/26/1998
Proceedings: Order Granting Continuance and Second Amended Notice of Hearing sent out. (10/30/98 hearing cancelled & reset for 1/26/99; 9:00am; Ft. Myers)
Date: 10/16/1998
Proceedings: (Petitioner) Motion for Taking Deposition by Telephone (filed via facsimile).
Date: 10/12/1998
Proceedings: (Respondent) Motion to Continue (filed via facsimile).
Date: 10/01/1998
Proceedings: Order of Consolidation and Amended Notice of Hearing sent out. (98-2722 & 98-4081 consolidated; hearing set for 10/30/98; 8:00am; Ft. Myers)
Date: 09/21/1998
Proceedings: Respondents` Motion to Consolidate Cases and to Reschedule Hearing (filed via facsimile).
Date: 09/18/1998
Proceedings: Amended Notice of Video Hearing As to Locations Only sent out. (Video Hearing set for 9/29/98; 9:00am; Ft. Myers & Tallahassee)
Date: 09/16/1998
Proceedings: Letter to Official Reporting from Lori Crawford (RE: request for court reporter) (filed via facsimile).
Date: 09/11/1998
Proceedings: (F. Wilsen) Notice of Appearance (filed via facsimile).
Date: 07/07/1998
Proceedings: Notice of Hearing sent out. (hearing set for 9/29/98; 9:00am; Ft. Myers)
Date: 06/23/1998
Proceedings: (Petitioner) Unilateral Response to Initial Order (filed via facsimile).
Date: 06/17/1998
Proceedings: Initial Order issued.
Date: 06/15/1998
Proceedings: Answer To Administrative Complaint; Agency Referral letter (exhibits); Administrative Complaint; Election of Rights filed.

Case Information

Judge:
ROBERT E. MEALE
Date Filed:
06/15/1998
Date Assignment:
06/17/1998
Last Docket Entry:
07/15/2004
Location:
Fort Myers, Florida
District:
Middle
Agency:
ADOPTED IN PART OR MODIFIED
 

Related DOAH Cases(s) (2):

Related Florida Statute(s) (5):

Related Florida Rule(s) (1):