09-003695F
Department Of Management Services, Division Of Retirement vs.
Jane Marie Letwin
Status: Closed
DOAH Final Order on Tuesday, February 16, 2010.
DOAH Final Order on Tuesday, February 16, 2010.
1STATE OF FLORIDA
4DIVISION OF ADMINISTRATIVE HEARINGS
8DEPARTMENT OF MANAGEMENT )
12SERVICES, DIVISION OF )
16RETIREMENT, )
18)
19Petitioner, )
21)
22vs. ) Case No. 09-3695F
27)
28JANE MARIE LETWIN, )
32)
33Respondent. )
35)
36FINAL ORDER
38This cause came to be considered on the Joint Motion for
49Final Order filed by the parties on February 16, 2010. On
60October 23, 2009, the Department of Management Services,
68Division of Retirement, filed its Amended Petition for
76Attorneys Fees and Costs against Jane Marie Letwin. The
85Amended Petition was brought pursuant to Section 120.569(2)(e),
93Florida Statutes (2009), which provides as follows:
100(e) All pleadings, motions, or other
106papers filed in the proceeding must be
113signed by the party, the party's attorney,
120or the party's qualified representative.
125The signature constitutes a certificate that
131the person has read the pleading, motion, or
139other paper and that, based upon reasonable
146inquiry, it is not interposed for any
153improper purposes, such as to harass or to
161cause unnecessary delay, or for frivolous
167purpose or needless increase in the cost of
175litigation. If a pleading, motion, or other
182paper is signed in violation of these
189requirements, the presiding officer shall
194impose upon the person who signed it, the
202represented party, or both, an appropriate
208sanction, which may include an order to pay
216the other party or parties the amount of
224reasonable expenses incurred because of the
230filing of the pleading, motion, or other
237paper, including a reasonable attorney's
242fee.
243The Amended Petition set forth in detail the factual basis
253for the Amended Petition. Because the parties filed a Joint
263Motion for Final Order, there is no disputed issue of material
275fact and the factual basis for the Amended Petition need not be
287recited here.
289This matter was scheduled for formal hearing for
297February 24, 2010. On February 16, 2010, the parties filed a
308Joint Motion for Final Order that provided as follows:
317(1) This controversy involves whether the
323Respondent Jane Marie Letwin should pay
329Petitioner attorneys fees as set forth in
336the Amended Petition and the amount thereof,
343if any.
345(2) Petitioner, for reasons set forth
351within the Amended Petition is entitled to
358attorneys fees in the amount of $2,505.00
366and costs in the amount of $116.50.
373(3) Respondent wishes to allow a final
380order to be entered in this amount
387($2,621.50). Petitioner and Respondent
392agree that a payment plan of not less than
401$250.00 per month will be established
407following entry of the final order.
413(4) Respondent and Petitioner agree that
419if payments are not made as set forth, the
428Final Order can be converted to a Judgment
436within the 2 nd Judicial Circuit for the State
445of Florida.
447WHEREFORE Petitioner and Respondent
451request that a Final Order be entered by the
460court in the amount of $2,621.50. This
468amount is to bear interest at the statutory
476rate.
477The undersigned has the authority to enter a Final Order
487based on the Joint Motion for Final Order pursuant to the
498provisions of Florida Administrative Code Rule 28-106.24. A
506separate order will be entered canceling the hearing scheduled
515for February 24, 2010.
519Based on the forgoing, it is ORDERED that Respondent, Jane
529Marie Letwin, shall pay to the Department of Management
538Services, Division of Retirement, the sum of $2,621.50, together
548with interest at the statutory rate until paid in full.
558DONE AND ORDERED this 16th day of February, 2010, in
568Tallahassee, Leon County, Florida.
572CLAUDE B. ARRINGTON
575Administrative Law Judge
578Division of Administrative Hearings
582The DeSoto Building
5851230 Apalachee Parkway
588Tallahassee, Florida 32399-3060
591(850) 488-9675
593Fax Filing (850) 921-6847
597www.doah.state.fl.us
598Filed with the Clerk of the
604Division of Administrative Hearings
608this 16th day of February, 2010.
614COPIES FURNISHED :
617Jane Marie Letwin, Esquire
621The Law Office of Jane Letwin
6275426 Southwest 25th Avenue
631Fort Lauderdale, Florida 33312
635Matthew Fraher Minno, Esquire
639Department of Management Services
643Division of Retirement
6464050 Esplanade Way
649Tallahassee, Florida 32399
652Sarabeth Snuggs, Director
655Division of Retirement
658Department of Management Services
662Post Office Box 9000
666Tallahassee, Florida 32315-9000
669John Brenneis, General Counsel
673Department of Management Services
6774050 Esplanade Way
680Tallahassee, Florida 32399
683NOTICE OF RIGHT TO JUDICIAL REVIEW
689A party who is adversely affected by this Final Order is
700entitled to judicial review pursuant to Section 120.68, Florida
709Statutes. Review proceedings are governed by the Florida Rules
718of Appellate Procedure. Such proceedings are commenced by
726filing the original notice of appeal with the Clerk of the
737Division of Administrative Hearings and a copy, accompanied by
746filing fees prescribed by law, with the District Court of
756Appeal, First District, or with the District Court of Appeal in
767the Appellate District where the party resides. The notice of
777appeal must be filed within 30 days of rendition of the order to
790be reviewed.
- Date
- Proceedings
- PDF:
- Date: 12/18/2009
- Proceedings: Notice of Hearing by Video Teleconference (hearing set for February 24, 2010; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
- PDF:
- Date: 10/23/2009
- Proceedings: Department of Management Services Amended Petition for Attorney's Fees and Costs Against Jane Marie Letwin filed.
- PDF:
- Date: 10/23/2009
- Proceedings: Order Canceling Hearing (Petitioner to file amended petition on or before October 30, 2009).
- PDF:
- Date: 10/20/2009
- Proceedings: Letter to M. Minno from J. Letwin regarding continuance of hearing filed.
- PDF:
- Date: 09/21/2009
- Proceedings: Notice of Hearing by Video Teleconference (hearing set for October 26, 2009; 1:00 p.m.; Lauderdale Lakes and Tallahassee, FL).
- PDF:
- Date: 08/17/2009
- Proceedings: Letter to Judge Arrington from L. Scott enclosing omitted copies of cost associated with case filed.
- PDF:
- Date: 08/07/2009
- Proceedings: Letter to The Florida Bar from Jane Letwin regarding Order of the Supreme Court filed.
- PDF:
- Date: 08/04/2009
- Proceedings: Department of Management Services Petition for Attorney's Fees and Costs filed.
- PDF:
- Date: 08/04/2009
- Proceedings: Petitioner Gloria Marshall's Counsel's Motion for Setting of Date for Hearing on Case filed.
Case Information
- Judge:
- CLAUDE B. ARRINGTON
- Date Filed:
- 07/13/2009
- Date Assignment:
- 07/14/2009
- Last Docket Entry:
- 02/16/2010
- Location:
- Lauderdale Lakes, Florida
- District:
- Southern
- Agency:
- Department of Management Services
- Suffix:
- F
Counsels
-
Jane Marie Letwin, Esquire
Address of Record -
Matthew Fraher Minno, Esquire
Address of Record