427 So. 2d 261 (1983) The HEIRS OF the ESTATE OF Dorothy O. WALDON, Appellants, v. Raymond J. ROTELLA, Trustee, Appellee. No. 82-1169. District Court of Appeal of Florida, Fifth District. February 16, 1983. *262 Linton S. Waterhouse, Orlando, for appellants. Raymond J. Rotella of Zinkow, Kosto & Rotella, Orlando, for appellee. COBB, Judge. This is an appeal arising out of probate proceedings for the Estate of Dorothy O. Waldon. Ms. Waldon was survived by four children: Blanche O. Ray, John W. Wal..
The ultimate issue for determination is whether the Department of Environmental Protection should award attorney's fees and costs to G.E.L. Corporation pursuant to Section 120.595, Florida Statutes (2002).Petitioner failed to establish its entitlement to costs and attorneys fees under the "improper purpose" criteria of Subsection 120.595(1), Florida Statutes.
The complaint alleges that on or about September 7, 1998, Respondent, Glenn L. Marsh, failed to properly supervise a football practice and care for the safety of the students under his supervision in that Glenn L. Marsh failed to provide the students water during the practice, causing the students to become dehydrated and causing one student (S.J.) to collapse and require hospitalization for severe dehydration. Essentially, the factual issue in this case is whether during a two and one-half hour football practice session on September 7, 1998, Glenn L. Marsh, head football coach of Atlantic High school, who did not give a team water breaks to all 40 players at any one time, but instead gave his three assistants coaches unilateral authority to give groups of players under their individual supervision water breaks as they deemed necessary, caused students to become dehydrated and caused one student to become dehydrated and hospitalized, and thereby violated Sections 231.28(1)(f) and 231.28(1)(i), Florida Statutes, and Rules 6B-1.006(3)(a)and 6B-1.006(3)(e), Florida Administrative Code.Coach charged with negligent failure to properly supervise football team. Agency failed to offer expert evidence on "standard" - general and deviation therefrom.
As described in the parties' Prehearing Stipulation Petitioners are challenging the Respondent's (SJRWMD) solicitation process with regard to the "Invitation to submit an Offer to Purchase property known as the Zellwin Airstrip." Petitioners seek to set aside the award of purchase to Intervenors and to have the solicitation process re-advertised. The issue for resolution is whether Petitioners are entitled to that relief.Petitioners were not entitled to a re-bid of a sale of surplus property. Their reliance on vague assurances by St. Johns River Water Management District staff was not reasonable. Their bid was non-compliant and was not the highest bid.
The issues in this case are whether Respondents violated Sections 498.023(1)(a), 498.023(2)(a), 498.035(1), and 498.049(5), Florida Statutes (1997), and Florida Administrative Code Rule 61B-9.003(1), by participating in the offer or disposition of subdivided lands that are neither exempt, registered, nor approved for the taking of reservation deposits, by failing to deliver a current public offering statement to each purchaser, and by disseminating advertising materials prior to filing for approval by Petitioner for the subdivided lands and what, if any, penalty should be imposed. (All references to chapters and sections are to Florida Statutes (1997) unless otherwise stated. Unless otherwise stated, all references to rules are to rules promulgated in the Florida Administrative Code in effect as of the date of this Recommended Order.)Petitioner failed to show that father of two sons who developed mobile home park was subdivider, participated in offer or disposition of an interest in land, or otherwise acted in any capacity other than that of a creditor or limited partner.
Whether Respondent owes payment to Petitioner for tomatoes sold by Petitioner to Respondent and, if so, in what amount payment is due.Tomatoes were in suitable shiping condition at time of sale; Grower entitled to payment.
The issue concerns the entitlement of GJPS Lukas, Inc. to be granted a consumptive use of water permit from the St. Johns River Water Management District. See Chapter 373, Florida Statutes, and Chapter 40C-2, Florida Administrative Code.Request for consumptive use permit. Recommended grant for sod farm.
Whether Respondent, Debruyn Produce Co. owes Petitioner, Florida Farm Management Inc. the sum of $4,846.00 for watermelons shipped by Petitioner and handled by Respondent as Petitioner's agent during the period from May 30, 1989 through July 5, 1989.Evidence sufficient to support Petitioner's claim for watermelons shipped out not paid for.
