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Charles Robert Gardner
Charles Robert Gardner
Visitors: 86
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Bar #173487(FL)     License for 51 years
Tallahassee FL

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93-005855BID  AMERICAN ASPHALT, INC. vs DEPARTMENT OF TRANSPORTATION  (1993)
Division of Administrative Hearings, Florida Filed: Oct. 12, 1993
Whether Petitioner timely submitted a valid bid on State Project No. 92130- 3423.Failure to timely include hard copy of bid run from disketts submitted with bid package ground for rejecting bid as an irregular bid. Not a technical error that may be waived.
91-004785  DEPARTMENT OF TRANSPORTATION vs FLORIDA ROADMASTER INN SERVICES CORPORATION  (1991)
Division of Administrative Hearings, Florida Filed: Jul. 30, 1991
The issue is whether respondent's sign is exempt from permit requirements under Subsection 479.16(1), Florida Statutes (1991).Sign owner did not qualify for statutory exemption.
92-004966F  FLAMINGO LAKE RV RESORT, INC. vs DEPARTMENT OF TRANSPORTATION  (1992)
Division of Administrative Hearings, Florida Filed: Aug. 17, 1992
Pursuant to the Order of the District Court of Appeal, First District, dated April 8, 1992, finding that the Department of Transportation's ("Department") denial of Petitioner's ("Flamingo Lake") application to participate in the logo sign program was a gross abuse of the agency's discretion and awarding attorney's fees pursuant to Section 120.57(1)(b)10, Florida Statutes, and Florida Rule of Appellate Procedure 9.400, the sole issue in this proceeding is the determination of the amount of reasonable attorney's fees and costs to be awarded to Flamingo Lake pursuant to Section 120.57(1)(b)10, Florida Statutes. Being unsure about the extent of the litigation for which attorneys' fees were awarded, evidence was received on the fees and costs from initiation to prevent the necessity for further evidentiary proceedings.Court mandated fact finding on court awarded attorney's fees. Time and Expenses for application excluded.
92-004375  BELLOT REALTY vs DEPARTMENT OF TRANSPORTATION  (1992)
Division of Administrative Hearings, Florida Filed: Jul. 20, 1992
The issues for consideration in this case are: (1) whether the years 1988 & 1989, or the years 1989 & 1990, should be used by the Department to determine Petitioner's appropriate relocation allowance, and (2) whether the Department properly calculated payment benefits by failing to consider actual expense figures rather than those utilized by Petitioner on its tax return.Applicant for relocation assistance could not show his business loss was caused by department construction to support use of alternative calculation method
92-004479  VERYLN SPIVEY AND SANDRA SPIVEY vs DEPARTMENT OF TRANSPORTATION  (1992)
Division of Administrative Hearings, Florida Filed: Jul. 22, 1992
Whether Petitioners are entitled to relocation allowances resulting from the taking of their property in connection with the Northwest Hillsborough County Expressway.Petitioner not in occupancy of residence taken at time of initiation of negotations.
92-004256  RONALD R. SWARTZ vs DEPARTMENT OF TRANSPORTATION  (1992)
Division of Administrative Hearings, Florida Filed: Jul. 09, 1992
Whether Petitioner was wrongfully denied a relocation allowance following the taking of his property for the right-of-way of the Northwest Hillsborough Expressway Project.To obtain reloc allowance following condemnation displacee must occupy residence at initation of negotions when 1st direct offer to purchase is made.
91-006033F  R. G. FURNITURE vs DEPARTMENT OF TRANSPORTATION  (1991)
Division of Administrative Hearings, Florida Filed: Sep. 23, 1991
The issue to be determined herein is whether Petitioner is entitled to reimbursement of attorney's fees and costs incurred in maintaining the underlying action.Petition for attorney's fees and costs dismissed where department's denial of relocation benefits was substantially justified.
91-006431  HORST R. FERCHL vs DEPARTMENT OF TRANSPORTATION  (1991)
Division of Administrative Hearings, Florida Filed: Oct. 07, 1991
Whether Petitioner is entitled to additional benefits as a highway displacee under the Florida relocation assistance program after the residence he was renting was taken by Respondent in connection with the widening of a highway.Displacee is not entitled under Federal Relocation Act to benefits for amenities he is not using and has no right to use.
91-004733  DEPARTMENT OF TRANSPORTATION vs SUN CITY SHELL, INC.  (1991)
Division of Administrative Hearings, Florida Filed: Jul. 26, 1991
Whether Respondent's trailer located on Old US 41 near Sun City in Hillsborough County, is a sign and illegal by reason of not having been permitted.Trailer parked on lot adjacent to highway with only name of owner on side is not a sign.
91-008005  DEPARTMENT OF TRANSPORTATION vs WHITTINGTON PRODUCE  (1991)
Division of Administrative Hearings, Florida Filed: Dec. 13, 1991
Involves assessment of a penalty for operating a vehicle not registered in Florida. Held that penalty was warranted.

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