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Home » Cases Under Administrative Hearing » 02-001056

02-001056 Maria Thornhill vs. Tracy Watkins, Laura Khachab, Raymond Khachab, Linda Mackey, Daphne O`sullivan, Pat Crews, Nancy Morgan, Cheryl Culberson, Doug King, Tom Lott, Carolyn Toohey, Pat Godard And/Or Estate Of Pat Godard, And Deane Hundley
 Status: Closed
Recommended Order on Friday, February 27, 2004.

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Summary: Petitioner failed to prove that Respondents discriminated against her on the basis of handicap and failed to prove that Respondents retaliated against her by filing a lawsuit. The lawsuit was not objectively baseless and was protected by First Amendment.
  • Document: Mandate
  • Issued: 05/20/2005
  • Document: Opinion
  • Issued: 05/04/2005
  • Document: Recommended Order
  • Issued: 02/27/2004
  • Summary: Petitioner failed to prove that Respondents discriminated against her on the basis of handicap and failed to prove that Respondents retaliated against her by filing a lawsuit. The lawsuit was not objectively baseless and was protected by First Amendment.
Dockets
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Date
Proceedings
Date: 06/06/2005
Proceedings: Opinion filed.
Date: 06/06/2005
Proceedings: Mandate filed.
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Date: 05/20/2005
Proceedings: Mandate
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Date: 05/04/2005
Proceedings: Opinion
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Date: 10/25/2004
Proceedings: Motion to Dismiss Florida Commission on Human Relations as a Party Appellee filed in the Third District Court of Appeal.
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Date: 08/11/2004
Proceedings: Final Order Dismissing Petition for Relief a Discriminatory Housing Practice filed.
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Date: 08/10/2004
Proceedings: Agency Final Order
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Date: 03/29/2004
Proceedings: Right to Submit Exceptions & Permission to file a Few Days Late Due to Cumbersome 89 Page Order & Medical Ailments (filed via facsimile).
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Date: 02/27/2004
Proceedings: Recommended Order
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Date: 02/27/2004
Proceedings: Order of Consolidation. (consolidated cases are: 00-003014, 02-001056)
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Date: 02/27/2004
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
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Date: 02/27/2004
Proceedings: Recommended Order (hearing held May 21 and 22, 2002, and July 23 and 24 and September 19, 2003). CASE CLOSED.
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Date: 02/05/2004
Proceedings: Letter to Judge Malono from M. Thornhill regarding the recommended order (filed via facsimile).
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Date: 12/22/2003
Proceedings: Notice of Filing, Long and Short Form Proposed Findings of Fact and Conclusion of Law filed by J. Sutton.
Date: 12/22/2003
Proceedings: Transcript (4 Volumes) filed.
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Date: 12/22/2003
Proceedings: Proposed Findings of Fact and Conclusions of Law: Discrimination filed by Respondent.
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Date: 12/22/2003
Proceedings: Findings of Facts, Conclusions of Law & Final Judgment (filed by Petitioner via facsimile).
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Date: 12/22/2003
Proceedings: Proposed Findings of Fact and Conclusions of Law: Retaliation filed by Respondent.
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Date: 12/17/2003
Proceedings: Letter to L. Douglass from M. Thornhille regardings exhibit sent to Mr. Sutton (filed via facsimile).
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Date: 12/10/2003
Proceedings: Letter to J. Sutton from L. Douglass enclosing the exhibit sheets for the Respondent and the Petitioner used during the hearing.
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Date: 12/09/2003
Proceedings: Order Extending Time for Filing Proposed Recommended Orders. (the parties shall file their proposed findings of fact and conclusions of law by December 22, 2003).
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Date: 12/09/2003
Proceedings: Letter to Judge Malono from J. Sutton responding to Petitioner`s request for extension of time (filed via facsimile).
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Date: 12/09/2003
Proceedings: Letter to Judge Malono from M. Thornhill requesting a 10 day extension for filing Findings (filed via facsimile).
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Date: 12/05/2003
Proceedings: Letter to Judge Malono from M. Thornhill regarding request for telephone conference (filed via facsimile).
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Date: 11/24/2003
Proceedings: Exhibit "4S" Requested by Judge Malono (filed by Petitioner via facsimile).
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Date: 11/21/2003
Proceedings: Letter to M. Thornhill and J. Sutton from Judge Malono the parties shall file their proposed findings of fact and conclusions of law by December 10, 2003.
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Date: 11/21/2003
Proceedings: Order Ruling on Petitioner`s Proposed Exhibits 44 Through 68.
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Date: 10/21/2003
Proceedings: Letter to Judge Malono from J. Sutton regarding receiving 11 page fax from Petitioner (filed via facsimile).
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Date: 10/20/2003
Proceedings: Stipulation to Records Based Upon Notes of Administrative Law filed by J. Sutton.
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Date: 10/20/2003
Proceedings: Objection to Petitioner`s Proposed Exhibits and Stipulation to Other Exhibits filed by J. Sutton.
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Date: 10/20/2003
Proceedings: Letter to Judge Malono from M. Thornhill regarding comments on the prepared notes in the DOAH video conference hearing September 19, 2003 (filed via facsimile).
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Date: 10/15/2003
Proceedings: Transcript (2 Volumes July 24, 2003) filed.
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Date: 10/15/2003
Proceedings: Transcript (2 Volumes July 23, 2003 ) filed.
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Date: 10/15/2003
Proceedings: Notice of Filing, Transcript (Volumes 1 thru 4) filed
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Date: 10/15/2003
Proceedings: Notice of Filing, certified copy of the Order of May 20, 1983, the condominium association was enjoined over 20 years ago from attempting to cancel leases, response to Ms. Thornhill`s position filed.
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Date: 10/10/2003
Proceedings: Letter to Judge Malono from J. Sutton concerning about not receiving proposed "record" filed filed.
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Date: 10/09/2003
Proceedings: Letter to M. Thornhill and J. Sutton from Judge Malono enclosing for review a transcript of my notes of the portion of the final hearing conducted on September 19, 2003, when there was no court reporter.
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Date: 09/22/2003
Proceedings: Letter to L. Douglas from M. Thornhill enclosing missing pages to exhibits (filed via facsimile).
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Date: 09/22/2003
Proceedings: Petitioner`s Additional Exhibit`s Exhibits Not Recorded for Lack of Court Reporter Trial September 19, 2003 Video-Teleconferncee (filed via facsimile).
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Date: 09/19/2003
Proceedings: Exhibits to Judge Doing Video Hearing September 19, 2003 (filed by Petitioner via facsimile).
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Date: 09/16/2003
Proceedings: Answer to Respondents Objection of Computer Disk and Request to Add More Petitioner Exhibits Due to Video/Telephonic Hearing on September 19, 2003 (filed via facsimile).
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Date: 08/14/2003
Proceedings: Letter to Official Reporting Service from D. Crawford requesting the services of a court reporter (filed via facsimile).
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Date: 08/08/2003
Proceedings: Objection to Admission of Computer Disk filed by Respondents.
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Date: 08/08/2003
Proceedings: Notice of Filing filed by Respondents.
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Date: 07/29/2003
Proceedings: Order Scheduling Continuation of Hearing (video hearing set for September 19, 2003, at the Department of Management Services, Video Room N-106, The Ruth Bryan Rohde Building, 401 Northwest 2nd Avenue, Miami, Florida, beginning 9:00 a.m.).
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Date: 07/11/2003
Proceedings: Notice to Bankruptcy Trustee. (the final administrative hearing in this case shall proceed as scheduled on July 23, and 24, 2003)
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Date: 07/08/2003
Proceedings: (Proposed) Order Staying Proceedings (filed via facsimile).
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Date: 07/08/2003
Proceedings: Suggestion of Bankruptcy (filed via facsimile).
Date: 07/08/2003
Proceedings: Letter to L. Douglas from J. Sutton enclosing the suggestion of chapter 13 bankruptcy that should have been attached to the notice of pending suggestion of bankruptcy (filed via facsimile).
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Date: 07/08/2003
Proceedings: Notice of Pending Suggestion of Bankruptcy (filed by J. Sutton via facsimile).
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Date: 07/02/2003
Proceedings: Order Denying Relief.
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Date: 06/13/2003
Proceedings: Answer to Judge Regarding Attorney`s Contacted to Represent Petitioner (filed by Petitioner via facsimile).
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Date: 05/09/2003
Proceedings: Letter to Official Reporting Service from D. Crawford confirming the request for court reporter services (filed via facsimile).
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Date: 05/07/2003
Proceedings: Order Granting Continuance and Re-scheduling Hearing issued (hearing set for July 23 and 24, 2003, at 9:00 a.m., at the Dade County Courthouse, 73 West Flagler Street, Miami, Florida)
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Date: 05/07/2003
Proceedings: Order Clarifying Procedings and Denying Emergency Relief issued.
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Date: 05/02/2003
Proceedings: Motion for Continuation and Request for Clarification of Proceedings and for Emergency Relief (filed by Petitioner via facsimile).
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Date: 04/22/2003
Proceedings: Order Denying Request to Disqualify Judge and Denying Request for Emergency Relief issued.
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Date: 04/10/2003
Proceedings: As Requested by the Court 60 Day Notice Regarding Not Being Able to Hire an Attorney Due to Having no Money and Request Emergency Relief (filed by Petitioner via facsimile).
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Date: 03/17/2003
Proceedings: Order Returning Document Filed for the "Record" and Order Denying Second Request for Telephone Hearing issued.
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Date: 03/10/2003
Proceedings: Add to Record Another Owner`s Letter Stating Discrimation and Second Request for Telephone Hearing to Clarify Respondent`s Attorney`s Fabrications and to (filed by Petitioner via facsimile).
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Date: 03/06/2003
Proceedings: Order Re-scheduling Hearing issued (hearing set for May 7-9, 2003, at the Dade County Courthouse, report to room 911 for room assignment, 73 Flagler Street, Miami, Florida, the hearing on May 7, 2003, will begin at 11:00 a.m., with the hearing on May 8-9 beginning at 9:00 a.m.)
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Date: 03/06/2003
Proceedings: Order Denying Request for Telephone Hearing issued.
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Date: 03/04/2003
Proceedings: Request Telephone Hearing to Clarify Respondent`s Attorney`s Fabrications (filed by Petitioner via facsimile).
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Date: 02/28/2003
Proceedings: Response to Court Order to Reply for Final Hearing Dates and Clarification on Why Attorney for Petitioner Withdrew (filed by Petitioner via facsimile).
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Date: 02/28/2003
Proceedings: Response to Order of Granting Continuance (filed by J. Sutton via facsimile).
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Date: 02/13/2003
Proceedings: Order Granting Continuance issued (parties to advise status by February 28, 2003).
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Date: 02/12/2003
Proceedings: Order Permitting Withdrawal of Counsel for Petitioner issued. (Henry G.Ferro, Esquire, is hereby granted leave to withdraw as counsel for the Petitioner)
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Date: 02/11/2003
Proceedings: Motion to Withdraw as Counsel (filed by H. Ferro via facsimile).
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Date: 02/11/2003
Proceedings: Letter to J. Sutton from H. Ferro in regards to moving for leave to withdraw as counsel (filed via facsimile).
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Date: 12/06/2002
Proceedings: Letter to Official Reporting Service from D. Crawford confirming the request for court reporter services (filed via facsimile).
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Date: 11/26/2002
Proceedings: Order Denying Respondents` Motion to Strike and Directing the Petitioner to Communicate With the Respondents and With the Division of Administrative Hearings Only Through Her Attorney issued.
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Date: 11/26/2002
Proceedings: Order Re-scheduling Hearing issued (hearing set for Febuary 12 and 13, 2003, at the Dade County Courthouse, report to room 911 for room assignment, 73 West Flagler Street, Miami, Florida, beginning at 9:00 a.m.)
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Date: 11/13/2002
Proceedings: Motion to Strike (filed by J. Sutton via facsimile).
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Date: 11/07/2002
Proceedings: Letter to Judge Malono from M. Thornhill enclosing "videos for case" cd that belongs to the Court file as discovery filed.
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Date: 10/08/2002
Proceedings: Order Granting Continuance issued (parties to advise status by November 7, 2002).
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Date: 10/07/2002
Proceedings: Letter to Official Reporting Service from D. Crawford confirming request for court reporter services (filed via facsimile).
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Date: 10/01/2002
Proceedings: Amended Notice of Hearing issued. (hearing set for October 9 through 11, 2002; 11:00 a.m.; Miami, FL, amended as to time).
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Date: 08/20/2002
Proceedings: Letter to Judge Malono from M. Thornhill enclosing medical examination from 1994 (filed via facsimile).
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Date: 07/22/2002
Proceedings: Notice of Service of Interrogatories (filed by Respondent via facsimile).
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Date: 07/19/2002
Proceedings: Order Denying Motion for Leave to File Interrogatories issued.
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Date: 07/18/2002
Proceedings: Motion for Leave of Court to File Interrogatories to Petitioner filed by Respondent.
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Date: 07/10/2002
Proceedings: Order Granting Motion for Protective Order and Quashing Subpoena Duces Tecum issued.
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Date: 07/10/2002
Proceedings: Order Denying Motion for Omnibus Protective Order from Subpoena Duces Tecum issued.
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Date: 07/10/2002
Proceedings: Order Denying Motion to Require Petitioner to Execute Medical Authorization issued.
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Date: 06/20/2002
Proceedings: Notice of Appearance (filed by H. Ferro).
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Date: 06/11/2002
Proceedings: Letter to DOAH from D. Crawford confiming a request for a court reporter (filed via facsimile).
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Date: 06/10/2002
Proceedings: Order of Pre-hearing Instructions issued.
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Date: 06/07/2002
Proceedings: Order Granting Continuance and Scheduling Continuantion of Hearing issued (hearing set for October 9 through 11, 2002, 9:a.m., Miami).
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Date: 06/07/2002
Proceedings: (Proposed) Order filed by Respondent.
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Date: 05/28/2002
Proceedings: Request to Produce (filed by Respondents via facsimile).
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Date: 05/28/2002
Proceedings: Motion to Require Petitioner to Execute Medical Authorization (filed by Respondents via facsimile).
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Date: 05/20/2002
Proceedings: Motion for Omnibus Protective Order from Subpoena Duces Tecum (filed by Respondent via facsimile).
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Date: 05/20/2002
Proceedings: Emergency Motion for Protective Order and/or to Quash Subpoena Duces Tecum (filed C. Garrido via facsimile).
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Date: 05/17/2002
Proceedings: Telephonic Prehearing Conference Volume 1 filed.
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Date: 05/17/2002
Proceedings: Notice of Filing Transcript sent out.
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Date: 05/16/2002
Proceedings: Order Dismissing as Respondent Carlos Flores issued.
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Date: 05/16/2002
Proceedings: Order Dismissing as Respondents Patrick C. Barthet, Gary E. Davidson, Patrick Barthet, P.A. issued.
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Date: 05/16/2002
Proceedings: Notice of Filing Exhibits filed by Respondents.
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Date: 05/16/2002
Proceedings: "Notice of Service of Orders Relied upon as Exhibits at Final Hearing on May 22, 2002" filed by Respondents.
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Date: 05/16/2002
Proceedings: Order Denying Respondents` Amended Motion to Dismiss, Denying Petitioner`s Motion to Strike Amended Motion to Dismiss, and Denying Petitioner`s Motion for Summary Final Order Due to Misrepresentation by Attorneys for Respondents Regarding Representation of Respondents Dated April 4, 2002 issued.
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Date: 05/16/2002
Proceedings: Order Denying Motion of Petitioner Re Invalid Information Submitted to this Court issued.
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Date: 05/16/2002
Proceedings: Order Denying Motion in Limine issued.
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Date: 05/16/2002
Proceedings: Order Denying Motion for More Definite Statement issued.
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Date: 05/15/2002
Proceedings: Pre-hearing Order issued.
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Date: 05/13/2002
Proceedings: Motion in Limine to Exclude (filed by Respondents via facsimile).
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Date: 05/10/2002
Proceedings: Request for More Definite Statement of the Charging Documents filed by Respondents.
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Date: 05/10/2002
Proceedings: Request for Pre-Hearing Conference filed by Respondents.
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Date: 05/09/2002
Proceedings: Response to Answer of Respondent and Witnessess & Exhibit List for Hearing & Request for Discovery from Respondents (filed by Petitioner via facsimile).
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Date: 05/08/2002
Proceedings: Motion of Petitioner Re Invalid Information Submitted to this Court (filed via facsimile). (filed via facsimile).
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Date: 04/29/2002
Proceedings: Letter to Judge Malono from P. Barthet advising of an order to be clarified to P.Barthet, G. Davidson, and P. Barthet P.A. filed.
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Date: 04/26/2002
Proceedings: Answer and Compliance with Notice of Hearing filed by Respondent.
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Date: 04/26/2002
Proceedings: Notice of Filing Reliance Upon Law filed by Respondent.
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Date: 04/26/2002
Proceedings: Motion to Strike Amended Motion to Dismiss and Again Request Motion for "Summary Final Order Due to Misrepresentation by Attorneys for Respondents Regarding Representation of Respondents Dated April 4, 2001" (filed via facsimile).
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Date: 04/26/2002
Proceedings: Clarification of Status of Gary E. Davidson, Patrick C. Barthet, and Patrick C. Barthet, P.A. and Clarification of Status of Carlos Flores Doug King and Tom Lott and the Estate of Pat Godard and Specific Allegations Relating to Raymond Khachab, Tom Lott, Douglas King, Jorge Zerpa, Bill Potts and Estate of Pat Godard (filed by Respondent via facsimile).
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Date: 04/22/2002
Proceedings: Letter to Capital Reporting Service from D. Crawford confirming services of a court reporter (filed via facsimile).
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Date: 04/18/2002
Proceedings: Order Requiring Clarification from the Petitioner Regarding Carlos Flores, Doug King, and Tom Lott issued.
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Date: 04/18/2002
Proceedings: Order Granting the Rsepondents` Motion for Extension of Time and Denying Petitioner`s Motion Not to Extend Time to Respondents and Again Pray for Urgent & Immediate Determination issued.
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Date: 04/18/2002
Proceedings: Notice of Procedural Rules issued.
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Date: 04/18/2002
Proceedings: Order Denying Petitioner`s Motion for Urgent "Summary Final Order" & Injunction or Stay to Cease and Desist Against Petitioner and/or Sheet Suspenders issued.
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Date: 04/18/2002
Proceedings: Order Clarifiying that Jorge Zerpa and William Potts are not Respondents in this Case and Order Petitioner to Cease Serving Pleadings on These Individuals issued.
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Date: 04/18/2002
Proceedings: Order Requiring Clarification from the Petitioner Regarding Gary E. Davidson, Patrick C. Barthet, and Patrick C. Barthet, P.A.issued.
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Date: 04/18/2002
Proceedings: Order Requiring Petitioner to Cease Serving Pleadings on Individual Respondents issued.
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Date: 04/18/2002
Proceedings: Order of Pre-hearing Instructions issued.
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Date: 04/18/2002
Proceedings: Notice of Hearing issued (hearing set for May 21 and 22, 2002; 9:00 a.m.; Miami, FL).
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Date: 04/18/2002
Proceedings: Amended Motion to Dismiss (filed by Respondent via facsimile).
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Date: 04/11/2002
Proceedings: Response to Maria Thornhill`s Motion for Urgent Summary Final Order and Motion to Strike filed by Respondents.
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Date: 04/11/2002
Proceedings: Motion to Dismiss filed by Respondents.
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Date: 04/05/2002
Proceedings: Amended Notice of Appearance (filed by J. Sutton).
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Date: 04/03/2002
Proceedings: Motion for Urgent Summary Final Order & Injunction or Stay to Cease and Desist Against Petitioner and/or Sheet Suspenders (filed by Petitioner via facsimile).
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Date: 04/02/2002
Proceedings: Amended Notice of Appearance (filed by J. Sutton via facsimile).
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Date: 03/28/2002
Proceedings: Notice of Appearance (filed by J. Sutton via facsimile).
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Date: 03/26/2002
Proceedings: Motion to Dismiss Petition for Relief by Special and Limited Appearance as to Patrick C. Barthet, Esq. and Law Office of Patrick C. Barthet, P. A. filed.
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Date: 03/26/2002
Proceedings: Motion not to Extend Time to Respondent`s & Again Pray for Urgent & Immediate Determination (filed by Petitioner via facsimile).
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Date: 03/25/2002
Proceedings: Response and Motion for Extension of Time filed by Respondents.
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Date: 03/25/2002
Proceedings: Notice of Ex-Parte Communication issued.
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Date: 03/22/2002
Proceedings: Memo to L. Douglas from M. Thornhill regarding initial order (filed via facsimile).
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Date: 03/20/2002
Proceedings: Notice of Readiness for Hearing (if Applicable) Due to Order Closing File on Remand on 4-23-01 DOAH Case No. 01-1211, and/or Motion for Immediate Determination and/or if Necessary Request for Subpoenas to Appear with Records (filed by Petitioner via facsimile).
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Date: 03/18/2002
Proceedings: Memorandum to K. Scheurman from M. Thornhill regarding legal opinion dated April 10, 2001 from Mr. Scheureman (filed via facsimile).
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Date: 03/14/2002
Proceedings: Housing Discrimination Complaint filed.
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Date: 03/14/2002
Proceedings: Determination of No Reasonable Cause filed.
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Date: 03/14/2002
Proceedings: Urgent - Petition for Relief filed.
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Date: 03/14/2002
Proceedings: Transmittal of Petition filed by the Agency.
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Date: 03/14/2002
Proceedings: Initial Order issued.

Case Information

Judge:
PATRICIA M. HART
Date Filed:
03/14/2002
Date Assignment:
03/14/2002
Last Docket Entry:
06/06/2005
Location:
Miami, Florida
District:
Southern
Agency:
ADOPTED IN TOTO
 

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