Bay FL and Government Lawyers | Laura McCarthy -- eLawyers

98-003228F IRA MAE HEWATT AND CENTURY 21 ISLAND VIEW REALTY, INC. vs DIVISION OF REAL ESTATE (1998)

Division of Administrative Hearings, Florida Filed: Jul. 20, 1998

Whether Petitioners should be awarded fees and costs associated with the Administrative Complaint filed against them by Respondent.Petitioner Grand View Realty entitled to maximum $15,000 for fees and costs.

98-005636 DIVISION OF REAL ESTATE vs VERNON B. SHAD (1998)

Division of Administrative Hearings, Florida Filed: Dec. 24, 1998

Did Respondent violate Section 475.25(1)(b), Florida Statutes, through fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme, or device, culpable negligence, or breach of trust in a business transaction?Respondent failed to inform buyer`s real estate agent of contents in a report showing damage from wood-destroying organisms. This showed concealment.

99-000129FC JOHN F. PHILLIPS, PH.D. vs FLORIDA REAL ESTATE COMMISSION (1999)

Division of Administrative Hearings, Florida Filed: Jan. 06, 1999

What amount of appellate fees and costs in accordance with Phillips v. Department of Business and Professional Regulation, 1st DCA Case No. 97-0356, are to be awarded to Petitioner? Is Petitioner entitled to attorney's fees and costs incurred in the instant proceeding before the Division of Administrative Hearings for the period January 6, 1999, through April 1999, and if so, in what amounts?Circumstances of appellate remand, plus a waiver by inaction, did not permit Section 284.30, Florida Statutes, to bar determination of the amount of appellate fees and costs. Fees and costs for collection of appellate fees and costs were also awarded.

98-003049 DIVISION OF REAL ESTATE vs ROBERT A. SCHWARTZ (1998)

Division of Administrative Hearings, Florida Filed: Jul. 14, 1998

At issue is whether Respondents' committed the offenses alleged in the Administrative Complaints and, if so, what disciplinary action should be taken.Broker, while under suspension, was shown to have acted as a broker by preparing and presenting a contract for the purchase of real property. Recommended revocation of licensure.

98-002363 DIVISION OF REAL ESTATE vs BARBARA GORDON SCHNEIDER (1998)

Division of Administrative Hearings, Florida Filed: May 18, 1998

Whether Respondent committed various violations of Chapter 475, Florida Statutes, sufficient to justify the imposition of disciplinary measures against her license as a licensed Real Estate Salesperson.Respondent`s commission of multiple fraudulent practices, coupled with her already suspended license status, provides sufficient basis for license revocation.

98-002436 DIVISION OF REAL ESTATE vs LOUIS CASANOVA (1998)

Division of Administrative Hearings, Florida Filed: May 29, 1998

The issue in this case is whether Respondent violated Section 475.25(1)(m), Florida Statutes (1997), by obtaining a license by fraud, misrepresentation, or concealment. (All Chapter and Section references are to Florida Statutes (1997) unless otherwise stated.)Applicant who submitted false application did not intend to defraud, misrepresent, or conceal eight year-old misdemeanor.

98-002687 DIVISION OF REAL ESTATE vs JAMES COLLINS (1998)

Division of Administrative Hearings, Florida Filed: Jun. 11, 1998

An Administrative Complaint dated May 20, 1998, alleges that Respondent James Collins, violated Section 475.25(1)(m), Florida Statutes, when he falsely stated on an application for licensure that he had never pled guilty to, nor was convicted of a crime. The issue for disposition is whether that violation (obtaining a license by means of fraud, misrepresentation, or concealment) occurred, and if so, what discipline is appropriate.Respondent failed to disclose arrest and plea of guilty to possession of marijuana. His explanation of the events was evasive and conflicting and his intent to conceal is implied from those circumstances. Revocation recommended.

98-003961 DIVISION OF REAL ESTATE vs RUDOLPH GORDON MIRJAH (1998)

Division of Administrative Hearings, Florida Filed: Sep. 08, 1998

At issue is whether Respondent committed the offenses alleged in the Administrative Complaint and, if so, what disciplinary action should be taken.While Respondent`s affirmation on renewal application that he was in compliance with all requirements was inaccurate because had not completed continuing education, he did not intend to decieve anyone, and did not obtain his license by misrepresentation.

98-002879 DIVISION OF REAL ESTATE vs RICHARD F. RONNICK (1998)

Division of Administrative Hearings, Florida Filed: Jun. 29, 1998

The issue in this case is whether Respondent violated Section 475.25(1)(f), Florida Statutes (1997), by pleading or having been found guilty of a crime which involves moral turpitude or fraudulent or dishonest dealing. (All Chapter and Section references are to Florida Statutes (1997) unless otherwise stated.)Salesman convicted of aggravated assault with vehicle and leaving scene of accident is guilty of moral turpitude but should be fined $1,000 with no discipline to license due to circumstances surrounding incident.

98-002930 DIVISION OF REAL ESTATE vs VICTOR JOHN FONTANA, III (1998)

Division of Administrative Hearings, Florida Filed: Jul. 01, 1998

The issue is whether Respondent obtained a real estate salesperson's license by fraud, misrepresentation, or concealment, in violation of Section 475.25(1)(m), Florida Statutes, and, if so, what penalty should be imposed.Real estate salesperson concealed on application a misdemeanor conviction for breach of peace and no contest to misdemeanor battery. Good employment record and completion of substance abuse program suggest penalty of 1.5 years` suspension and $1000 fine.

Laura McCarthy