Leon FL Administrative law, Appeals and State Lawyers

1D09-1220 Quinones v. State (2010)

District Court of Appeal of Florida Filed: Feb. 11, 2010 Citations: 28 So. 3d 51

28 So. 3d 51 (2010) QUINONES v. STATE. No. 1D09-1220. District Court of Appeal of Florida, First District. February 11, 2010. Decision Without Published Opinion Affirmed.

16-002796 QIU-XING JIANG vs DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT (2016)

Division of Administrative Hearings, Florida Filed: May 20, 2016

Whether Petitioner is entitled to membership in the State University System Optional Retirement Program (SUSORP), rather than the Florida Retirement System (FRS).Petitioner did not prove by a preponderance of the evidence that he is entitled to enroll in the State University System Optional Retirement Program.

99-3854 Valle v. State (2000)

District Court of Appeal of Florida Filed: Jan. 26, 2000 Citations: 763 So. 2d 1175

763 So. 2d 1175 (2000) Pablo VALLE, Petitioner, v. STATE of Florida, Respondent. No. 99-3854. District Court of Appeal of Florida, Fourth District. January 26, 2000. *1176 Richard L. Jorandby, Public Defender, and Debra A. Chandler, Assistant Public Defender, West Palm Beach, for petitioner. Robert A. Butterworth, Attorney General, Tallahassee, and Daniel P. Hyndman, Assistant Attorney General, West Palm Beach, for respondent. KLEIN, J. The public defender who represents petitioner filed a motion..

14-002808 JOHN R. BLUM vs DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT (2014)

Division of Administrative Hearings, Florida Filed: Jun. 17, 2014

Whether Respondent, John R. Blum (Mr. Blum), violated the re-employment provisions set forth in section 121.091(13)(c)5.d., Florida Statutes (2013), and, therefore, must repay his Deferred Retirement Option Program (DROP) distribution and subsequent monthly retirement benefits.Division established that Petitioner had violated the reemployment provision of the Florida Retirement System, and must repay all retirement benefits to the Division.

14-002554 HARRY MARCUS vs DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT (2014)

Division of Administrative Hearings, Florida Filed: May 30, 2014

Whether Petitioner, Harry Marcus (“Petitioner”), timely claimed creditable service for retirement benefits pursuant to section 121.085, Florida Statutes, and whether the adult education teacher position Petitioner held, for which he seeks creditable service for retirement benefits, was a temporary position.Petitioner failed to prove by a preponderance of the evidence that he is entitled to creditable service based on his employment with the School Board, because the position he held was that of a part-time, temporary, vocational education instructor.

12-001266 JAKE FISHER vs DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT (2012)

Division of Administrative Hearings, Florida Filed: Apr. 12, 2012

Whether Petitioner received a refund of retirement contributions made to the Florida Retirement System ("FRS") for his service from June 1969 to September 1975, thereby waiving his right to receive additional retirement benefits represented by the refunded contributions.Petitioner did not prove, by a preponderance of the evidence, that he did not receive a refund of his retirement contributions. Therefore, he was not entitled to receive retirement benefits for the service period for which he received the refund.

11-005491 RENEE RADICELLA vs DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT (2011)

Division of Administrative Hearings, Florida Filed: Oct. 27, 2011

The issue in this case is whether Petitioner is entitled to change the type of her retirement benefits from early service retirement to disability retirement.Petitioner cannot change her retirement type to disability after accepting early service retirement benefit checks; claimed defenses of legal incapacity, duress and unilateral mistake were not proven.

09-005373 JACQUELINE IMBERTSON, ON BEHALF OF ACCOUNT OF EDWARD IMBERTSON, DECEASED vs DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT (2009)

Division of Administrative Hearings, Florida Filed: Oct. 02, 2009

The issue is whether the retirement date for Petitioner's late husband should be back-dated from August 1, 2004, to September 6, 1999.Petitioner failed to prove that her late husband's effective retirement date should be back-dated.

08-001770F DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT vs GEORGE TAMALAVICH (2008)

Division of Administrative Hearings, Florida Filed: Apr. 11, 2008

Whether Respondent filed frivolous motions to introduce additional evidence after the final hearing and after proposed recommended orders had been filed that needlessly increased the cost of litigation, justifying the imposition of sanctions under Section 120.569(2)(e), Florida Statutes (2007).Attorney`s fees are assessed against Respondent (Petitioner in DOAH Case No. 07-2759) who filed three frivolous post-hearing, post-proposed Recommended Order motions in the earlier case without making reasonable inquiry into the legal justification.

07-002759 GEORGE TAMALAVICH vs DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT (2007)

Division of Administrative Hearings, Florida Filed: Jun. 20, 2007

Whether Petitioner is eligible to participate in the Florida Retirement System based on his employment from January 29, 2001, through June 30, 2004.Petitioner was a temporary part-time adult vocational education instructor during contested period, not in a regularly established position. Respondent is not bound by the school board`s errors. Estoppel is not supported by evidence.

Larry D Scott