Division of Administrative Hearings, Florida
Latest Update: Sep. 01, 1988
A petition for costs and attorney's fees was filed on December 7, 1987, and, by order of the Hearing Officer, was amended on January 22, 1988. The Division of Real Estate then moved to dismiss the amended petition for attorney's fees and costs on February 15, 1988, in a pleading to which an affidavit of the attorney for the Division of Real Estate was attached. The motion to dismiss does not strictly meet the requirements of Rule 221-6.035(4), Florida Administrative Code, either by admitting the reasonableness of the fees and costs petitioners claim or by specifying each item of cost or fee in dispute. A review of the document discloses that the Division did not agree with any of the monetary claims made by the petitioners. The motion to dismiss did not challenge the status of the petitioners as small business parties, but argued that the actions of the Division of Real Estate in bringing the prosecution was substantially justified.FL Real Estate Comm must pay atty fees. There was no basis for disciplinary proceeding against Pet that home-buyer was misled. Pet is prevailing party.
