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01-003168 Barbara Wooley And Wallace Wooley vs. Department Of Children And Family Services
 Status: Closed
Recommended Order on Tuesday, March 12, 2002.

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Summary: The parties settled case at out-set of hearing. No evidence was taken based upon their stipulation. Case closed by Recommended Order of Dismissal.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8BARBARA WOOLEY AND WALLACE )

13WOOLEY, )

15)

16Petitioners, )

18)

19vs. ) Case No. 01 - 3168

26)

27DEPARTMENT OF CHILDREN AND )

32FAMILY SERVICES, )

35)

36Respondent. )

38)

39RECOMMENDED ORDER OF DISMISSAL

43Pursuant to notice this cause came on for formal hearing

53before P. Michael Ruff, duly - designated Administrative Law

62Judge, on February 11, 2002, in Pensacola, Florida. The

71appearances were as follows:

75APPEARANCES

76Fo r Petitioners: R. John Westberry, Esquire

83Holt & Westberry

861108 - A North 12th Avenue

92Pensacola, Florida 32501

95For Respondent: Eric D. Schurger, Esquire

101Department of Children and

105Family Services

107160 Governmental Ce nter, Suite 601

113Pensacola, Florida 32501

116PRELIMINARY STATEMENT

118This matter arose from a denial letter issued July 13,

1282001, by the Department of Children and Family Services

137(Department), the Respondent herein. That letter expressed the

145Departme nt's intent to deny a renewal of Petitioner's foster

155care license. They timely sought an administrative proceeding

163to contest that denial and the subject proceeding and hearing

173ensued.

174The cause came on for hearing as noticed. Upon convening

184the heari ng and after a brief conference between the parties,

195the parties jointly announced a stipulation on the record in

205settlement of all their disputes of material fact and law. The

216parties thus agreed that the Department would rescind its

225charging letter of J uly 13, 2001, and would send another letter

237to the Petitioners permitting them to voluntarily relinquish

245their foster care license. The Petitioners in turn would agree

255not to re - apply for another license with the Department of

267Children and Family Services or with any of its contracting

277agencies. That being the case, the parties agreed that there no

288longer remained any disputed material fact justifying the

296exercise of the jurisdiction of this forum. Consequently, the

305case can be closed and dismissed from the jurisdiction of the

316Division of Administrative Hearings.

320Accordingly, given the foregoing facts and stipulation,

327there is no longer any dispute of material fact to invoke

338jurisdiction under Sections 120.569 and 120.57, Florida

345Statutes. Therefore, it is

349RECOMMENDED that a final order be entered incorporating the

358above - referenced stipulations and dismissing the petition.

366DONE AND ENTERED this 12th day of March, 2002, in

376Tallahassee, Leon County, Florida.

380___________________________________

381P. MI CHAEL RUFF

385Administrative Law Judge

388Division of Administrative Hearings

392The DeSoto Building

3951230 Apalachee Parkway

398Tallahassee, Florida 32399 - 3060

403(850) 488 - 9675 SUNCOM 278 - 9675

411Fax Filing (850) 921 - 6847

417www.doah. state.fl.us

419Filed with Clerk of the

424Division of Administrative Hearings

428this 12th day of March, 2002.

434COPIES FURNISHED :

437Eric D. Schurger, Esquire

441Department of Children and Family Services

447160 Governmental Center, Suite 601

452Pensacola, F lorida 32501

456R. John Westberry, Esquire

460Holt & Westberry

4631108 - A North 12th Avenue

469Pensacola, Florida 32501

472NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

478All parties have the right to submit written exceptions within

48815 days from the date of this Recommende d Order. Any exceptions

500to this Recommended Order should be filed with the agency that

511will issue the Final Order in this case.

Dockets
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PDF
Date
Proceedings
PDF:
Date: 10/08/2003
Proceedings: Agency Final Order
PDF:
Date: 10/08/2003
Proceedings: Final Order filed.
PDF:
Date: 03/12/2002
Proceedings: Recommended Order
PDF:
Date: 03/12/2002
Proceedings: Recommended Order of Dismissal issued (hearing held February 11, 2002) CASE CLOSED.
Date: 03/07/2002
Proceedings: Transcript filed.
PDF:
Date: 02/14/2002
Proceedings: Letter to to Judge Ruff from E. Schurger advising of settlement between parties filed.
PDF:
Date: 01/30/2002
Proceedings: Petitioner`s Response to Request for Production of Documents filed.
PDF:
Date: 01/30/2002
Proceedings: Notice of Service filed by Petitioners.
PDF:
Date: 01/24/2002
Proceedings: Respondent`s Response to Petitioner`s Third Request for Production of Documents (filed via facsimile).
PDF:
Date: 01/09/2002
Proceedings: Notice of Taking Depositions, J. Green filed.
PDF:
Date: 12/20/2001
Proceedings: Respondent`s First Request for Production of Documents (filed via facsimile).
PDF:
Date: 12/20/2001
Proceedings: Respondent`s First Interrogatories to Petitioner (filed via facsimile).
PDF:
Date: 12/20/2001
Proceedings: Petitioner`s Third Request for Production of Documents filed.
PDF:
Date: 12/11/2001
Proceedings: Notice of Hearing issued (hearing set for February 11 and 12, 2002; 10:30 a.m.; Pensacola, FL).
PDF:
Date: 11/09/2001
Proceedings: Notice of Taking Depositions 14 filed.
PDF:
Date: 10/31/2001
Proceedings: Petitioners` Second Request for Production of Documents filed.
PDF:
Date: 10/17/2001
Proceedings: Petitioners` Response to Order Granting Continuance and Placing Case in Abeyance filed.
PDF:
Date: 10/03/2001
Proceedings: Order Granting Continuance and Placing Case in Abeyance issued (parties to advise status by October 15, 2001).
PDF:
Date: 09/28/2001
Proceedings: Joint Motion for Continuance (filed via facsimile).
PDF:
Date: 09/10/2001
Proceedings: Notice of Hearing issued (hearing set for October 9 and 10, 2001; 10:30 a.m.; Pensacola, FL).
PDF:
Date: 08/22/2001
Proceedings: Response to Initial Order filed by Petitioner.
PDF:
Date: 08/20/2001
Proceedings: Response to Initial Order (filed by Respondent via facsimile).
PDF:
Date: 08/14/2001
Proceedings: Initial Order issued.
PDF:
Date: 08/14/2001
Proceedings: Notice of Renewal Denial for Foster Home License filed.
PDF:
Date: 08/14/2001
Proceedings: Notice of Appearance Requesting a Administrative Hearing (filed by R. Westberry).
PDF:
Date: 08/14/2001
Proceedings: Notice (of Agency referral) filed.

Case Information

Judge:
P. MICHAEL RUFF
Date Filed:
08/14/2001
Date Assignment:
08/14/2001
Last Docket Entry:
10/08/2003
Location:
Pensacola, Florida
District:
Northern
Agency:
ADOPTED IN TOTO
 

Counsels

Related Florida Statute(s) (2):