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03-002441RX Sheraton Bal Harbour Association, Ltd. vs. Department Of Revenue
 Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, February 12, 2004.

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1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8SHERATON BAL HARBOUR )

12ASSOCIATION, LTD., )

15)

16Petitioner, )

18)

19vs. ) Case No. 03 - 2441RX

26)

27DEPARTMENT OF REVENUE, )

31)

32Respondent. )

34)

35FINAL ORDER OF DISMISSAL

39This cause came to be heard by telephone conference call

49with the parties on Respondent's ore tenus motion to dismiss.

59The Division of Administrative Hearings does not have

67jurisdiction to hear this rule challenge because the challenged

76rule i s no longer in existence. See Department of Revenue v.

88Sheraton Bal Harbour Association, Ltd. , No. 1D03 - 3933 (Fla. 1st

99DCA December 19, 2003). The premises considered , it is ORDERED:

109That the Petition for Determination of Invalidity of Rule

118or, in the A lternative, to Challenge Agency Statement Defined as

129Rule filed July 2, 2003, is hereby dismissed.

137DONE AND ORDERED this 12th day of February, 2004, in

147Tallahassee, Leon County, Florida.

151S

152CLAUDE B. ARRINGTON

155Administra tive Law Judge

159Division of Administrative Hearings

163The DeSoto Building

1661230 Apalachee Parkway

169Tallahassee, Florida 32399 - 3060

174(850) 488 - 9675 SUNCOM 278 - 9675

182Fax Filing (850) 921 - 6847

188www.doah.state.fl.us

189Filed with the Clerk of the

195Division of Administ rative Hearings

200this 12th day of February, 2004.

206COPIES FURNISHED :

209Martha F. Barrera, Esquire

213Office of the Attorney General

218The Capitol, Plaza Level 01

223Tallahassee, Florida 32399 - 1050

228Rex D. Ware, Esquire

232Steel, Hector & Davis, LLP

237215 South Monroe S treet, Suite 601

244Tallahassee, Florida 32301

247Scott Boyd, Acting Executive Director

252Joint Administrative Procedures Committee

256120 Holland Building

259Tallahassee, Florida 32399 - 1300

264NOTICE OF RIGHT TO JUDICIAL REVIEW

270A party who is adversely affected by t his Final Order is

282entitled to judicial review pursuant to Section 120.68, Florida

291Statutes. Review proceedings are governed by the Florida Rules

300of Appellate Procedure. Such proceedings are commenced by

308filing the original Notice of Appeal with the agen cy clerk of

320the Division of Administrative Hearings and a copy, accompanied

329by filing fees prescribed by law, with the District Court of

340Appeal, First District, or with the District Court of Appeal in

351the Appellate District where the party resides. The no tice of

362appeal must be filed within 30 days of rendition of the order to

375be reviewed.

Dockets
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PDF
Date
Proceedings
PDF:
Date: 02/12/2005
Proceedings: DOAH Final Order
PDF:
Date: 02/12/2005
Proceedings: Final Order of Dismissal. CASE CLOSED.
PDF:
Date: 02/19/2004
Proceedings: Mandate filed.
PDF:
Date: 01/30/2004
Proceedings: BY ORDER OF THE COURT: Respondent`s motion filed December 31, 2003, for rehearing or clarification is denied.
PDF:
Date: 01/29/2004
Proceedings: Joint Status Report (filed by Respondent via facsimile).
PDF:
Date: 01/08/2004
Proceedings: Order Continuing Case in Abeyance (the parties shall file a status report by the last day of each month for as long as the appeal is pending).
PDF:
Date: 01/07/2004
Proceedings: Department of Revenue`s Reply in Opposition to Sheraton`s Motion for Rehearing or Clarification filed.
PDF:
Date: 01/06/2004
Proceedings: Sheraton`s Motion for Rehearing or Clarification filed.
PDF:
Date: 12/19/2003
Proceedings: Opinion filed.
PDF:
Date: 12/18/2003
Proceedings: Opinion
PDF:
Date: 12/18/2003
Proceedings: Mandate
PDF:
Date: 10/24/2003
Proceedings: BY ORDER OF THE COURT: Petitioner, motion for extension of time to serve its reply to respondent`s response to order to show cause, filed October 20, 2003 is granted filed.
PDF:
Date: 10/23/2003
Proceedings: Appendix to the Department of Revenue`s Reply to Sheraton`s Response to the Order to Show Cause filed in the Distrit Court of Appeal of Florida, First District.
PDF:
Date: 10/23/2003
Proceedings: Florida Department of Revenue`s Reply to Sheraton`s Response to the Order to Show Cause filed in the District Court of Appeal of Florida, First District.
PDF:
Date: 10/21/2003
Proceedings: Petitioner, Department of Revenue`s Motion for Extension of Time to Serve its Reply to Respondent`s Response to Order to Show Cause filed by M. Barrera in the District Court of Appeal of Florida, First District.
PDF:
Date: 09/22/2003
Proceedings: BY ORDER OF THE COURT: Respondent shall show cause within 20 days from the date of this order why the petition for writ of prohibition should not be granted.
PDF:
Date: 09/18/2003
Proceedings: Order of Abeyance (the hearing in this matter scheduled for September 23, 2003, is cancelled; Respondent shall file a report advising the undersigned as to the status of the proceeding before the First District Court of Appeal within 10 days of that court`s decision on the Department`s petition)
PDF:
Date: 09/16/2003
Proceedings: Appendix to the Department of Revenue`s Petition for Writ of Prohibition filed.
PDF:
Date: 09/16/2003
Proceedings: Petition for Writ of Prohibition Directed to the Honorable C. B. Arrington, Administrative Law Judge of the Florida Division of Administrative Hearings filed.
PDF:
Date: 09/15/2003
Proceedings: Respondent, Department of Revenue`s Motion for Stay of the Proceedings (filed via facsimile).
PDF:
Date: 09/10/2003
Proceedings: Notice of Cancellation of Depositions, L. Bridges, K. Henley, B. McKown, J. Silvery filed.
PDF:
Date: 09/03/2003
Proceedings: Respondent`s Notice of Cancellation of Deposition of Dave Zittle (filed via facsimile).
PDF:
Date: 09/03/2003
Proceedings: Respondent`s Notice of Cancellation of Deposition of Dan Megathlin (filed via facsimile).
PDF:
Date: 08/26/2003
Proceedings: Respondent`s Notice of Taking Deposition of Dan Megathlin (filed via facsimile).
PDF:
Date: 08/26/2003
Proceedings: Respondent`s Notice of Taking Deposition of Dave Zittle (filed via facsimile).
PDF:
Date: 08/26/2003
Proceedings: Notice of Taking Deposition (4), (K. Henley, L. Bridges, J. Silvery and B. McKown) filed.
Date: 08/21/2003
Proceedings: Transcript (Telephone Motion Hearing) filed.
PDF:
Date: 08/21/2003
Proceedings: Department`s Notice of Filing Transcript of Telephonic Motion Hearing filed.
PDF:
Date: 08/12/2003
Proceedings: Order Denying Motion to Dismiss.
PDF:
Date: 08/04/2003
Proceedings: Order Granting Continuance and Re-scheduling Hearing (hearing set for September 23, 2003; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 07/30/2003
Proceedings: Respondent`s Responses to Petitioner`s First Request for Production of Documents (filed via facsimile).
PDF:
Date: 07/30/2003
Proceedings: Department of Revenue`s Notice of Serving Responses to Petitioners First Set of Interrogatories (filed via facsimile).
PDF:
Date: 07/24/2003
Proceedings: Response to Motion to Dismiss filed by Petitioner.
PDF:
Date: 07/22/2003
Proceedings: Order Granting Continuance and Re-scheduling Hearing (hearing set for September 5, 2003; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 07/22/2003
Proceedings: Notice of Serving Petitioner`s First Set of Interrogatories to Respondent filed.
PDF:
Date: 07/21/2003
Proceedings: Notice of Service of Answers to Interrogatories filed by Petitioner.
PDF:
Date: 07/21/2003
Proceedings: Petitioner`s First Request for Production of Documents filed.
PDF:
Date: 07/21/2003
Proceedings: Petitioner`s Response to the Request for Production filed.
PDF:
Date: 07/21/2003
Proceedings: Joint Motion for Continuance filed.
PDF:
Date: 07/18/2003
Proceedings: Respondent`s Request for Production of Documents filed.
PDF:
Date: 07/18/2003
Proceedings: Notice of Serving Respondent Department of Revenue`s First Set of Interrogatories to Petitioner filed.
PDF:
Date: 07/17/2003
Proceedings: Respondent, Department of Revenue`s Motion to Dismiss and Memorandum of Law in Support (filed via facsimile).
PDF:
Date: 07/08/2003
Proceedings: Notice of Appearance (filed by M. Barrera, Esquire, via facsimile).
PDF:
Date: 07/08/2003
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 07/08/2003
Proceedings: Notice of Hearing (hearing set for August 1, 2003; 9:00 a.m.; Tallahassee, FL).
PDF:
Date: 07/03/2003
Proceedings: Order of Assignment.
PDF:
Date: 07/02/2003
Proceedings: Petition for Determination of Invalidity of Rule or, in the Alternative, to Challenge Agency Statement Defined as Rule filed.
PDF:
Date: 07/02/2003
Proceedings: Rule Challenge transmittal letter to Liz Cloud from Ann Cole copying Carroll Webb and the Agency General Counsel.

Case Information

Judge:
CLAUDE B. ARRINGTON
Date Filed:
07/02/2003
Date Assignment:
07/03/2003
Last Docket Entry:
02/12/2005
Location:
Tallahassee, Florida
District:
Northern
Agency:
Department of Revenue
Suffix:
RX
 

Counsels

Related Florida Statute(s) (1):