09-003695F Department Of Management Services, Division Of Retirement vs. Jane Marie Letwin Status: Closed DOAH Final Order on Tuesday, February 16, 2010.

Summary: Attorney's fees and costs awarded pursuant to Joint Motion for Final Order.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF MANAGEMENT )

SERVICES, DIVISION OF )

RETIREMENT, )

)

Petitioner, )

)

vs. ) Case No. 09-3695F

)

JANE MARIE LETWIN, )

)

Respondent. )

)

FINAL ORDER

This cause came to be considered on the Joint Motion for

Final Order filed by the parties on February 16, 2010. On

October 23, 2009, the Department of Management Services,

Division of Retirement, filed its “Amended Petition for

Attorney’s Fees and Costs against Jane Marie Letwin.” The

Amended Petition was brought pursuant to Section 120.569(2)(e),

Florida Statutes (2009), which provides as follows:

(e) All pleadings, motions, or other

papers filed in the proceeding must be

signed by the party, the party's attorney,

or the party's qualified representative.

The signature constitutes a certificate that

the person has read the pleading, motion, or

other paper and that, based upon reasonable

inquiry, it is not interposed for any

improper purposes, such as to harass or to

cause unnecessary delay, or for frivolous

purpose or needless increase in the cost of

litigation. If a pleading, motion, or other

paper is signed in violation of these

requirements, the presiding officer shall

impose upon the person who signed it, the

represented party, or both, an appropriate

sanction, which may include an order to pay

the other party or parties the amount of

reasonable expenses incurred because of the

filing of the pleading, motion, or other

paper, including a reasonable attorney's

fee.

The Amended Petition set forth in detail the factual basis

for the Amended Petition. Because the parties filed a “Joint

Motion for Final Order,” there is no disputed issue of material

fact and the factual basis for the Amended Petition need not be

recited here.

This matter was scheduled for formal hearing for

February 24, 2010. On February 16, 2010, the parties filed a

“Joint Motion for Final Order” that provided as follows:

(1) This controversy involves whether the

Respondent Jane Marie Letwin should pay

Petitioner attorney’s fees as set forth in

the Amended Petition and the amount thereof,

if any.

(2) Petitioner, for reasons set forth

within the Amended Petition is entitled to

attorney’s fees in the amount of $2,505.00

and costs in the amount of $116.50.

(3) Respondent wishes to allow a final

order to be entered in this amount

($2,621.50). Petitioner and Respondent

agree that a payment plan of not less than

$250.00 per month will be established

following entry of the final order.

(4) Respondent and Petitioner agree that

if payments are not made as set forth, the

Final Order can be converted to a Judgment

within the 2 nd Judicial Circuit for the State

of Florida.

WHEREFORE Petitioner and Respondent

request that a Final Order be entered by the

court in the amount of $2,621.50. This

amount is to bear interest at the statutory

rate.

The undersigned has the authority to enter a Final Order

based on the Joint Motion for Final Order pursuant to the

provisions of Florida Administrative Code Rule 28-106.24. A

separate order will be entered canceling the hearing scheduled

for February 24, 2010.

Based on the forgoing, it is ORDERED that Respondent, Jane

Marie Letwin, shall pay to the Department of Management

Services, Division of Retirement, the sum of $2,621.50, together

with interest at the statutory rate until paid in full.

DONE AND ORDERED this 16th day of February, 2010, in

Tallahassee, Leon County, Florida.

CLAUDE B. ARRINGTON

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

[phone]

Fax Filing [phone]

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 16th day of February, 2010.

COPIES FURNISHED :

Jane Marie Letwin, Esquire

The Law Office of Jane Letwin

5426 Southwest 25th Avenue

Fort Lauderdale, Florida 33312

Matthew Fraher Minno, Esquire

Department of Management Services

Division of Retirement

4050 Esplanade Way

Tallahassee, Florida 32399

Sarabeth Snuggs, Director

Division of Retirement

Department of Management Services

Post Office Box 9000

Tallahassee, Florida 32315-9000

John Brenneis, General Counsel

Department of Management Services

4050 Esplanade Way

Tallahassee, Florida 32399

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party who is adversely affected by this Final Order is

entitled to judicial review pursuant to Section 120.68, Florida

Statutes. Review proceedings are governed by the Florida Rules

of Appellate Procedure. Such proceedings are commenced by

filing the original notice of appeal with the Clerk of the

Division of Administrative Hearings and a copy, accompanied by

filing fees prescribed by law, with the District Court of

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

the Appellate District where the party resides. The notice of

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

be reviewed.