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COMMISSION ON HUMAN RELATIONS vs DUCKWOOD HOMEOWNERS ASSOCIATION, INC.; HOWARD SEE; AND BOB SUTHERLAND, 95-001177 (1995)

Court: Division of Administrative Hearings, Florida Number: 95-001177 Visitors: 16
Petitioner: COMMISSION ON HUMAN RELATIONS
Respondent: DUCKWOOD HOMEOWNERS ASSOCIATION, INC.; HOWARD SEE; AND BOB SUTHERLAND
Judges: J. D. PARRISH
Agency: Commissions
Locations: Stuart, Florida
Filed: Mar. 09, 1995
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, November 19, 1999.

Latest Update: Nov. 19, 1999
Summary: The central issue in this case is whether the Respondents unlawfully discriminated against the Intervenors in violation of Section 760.23, Florida Statutes.No housing violation where aggrieved party voluntarily moved.
File.PDF

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


FLORIDA COMMISSION ON HUMAN )

RELATIONS, )

)

Petitioner, )

and )

)

EDWARD and KATHY DIVITO, )

)

Intervenors, )

)

vs. ) CASE NO. 95-1177

) DUCKWOOD HOMEOWNERS ASSOCIATION, ) INC., HOWARD SEE and )

BOB SUTHERLAND, )

)

Respondents. )

)


ORDER CLOSING FILE


This cause having come before the undersigned on the Stipulation for Settlement, filed November 18, 1999, and the undersigned being fully advised, it is, therefore,

ORDERED that jurisdiction is relinquished to the agency and the file of the Division of Administrative Hearings in the above- captioned matter is hereby closed.

DONE AND ORDERED this 19th day of November, 1999, in Tallahassee, Leon County, Florida.


J. D. PARRISH, Hearing Officer Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us


Filed with the Clerk of the Division of Administrative Hearings this 19th day of November, 1999.


COPIES FURNISHED:


Dana Baird, General Counsel

Florida Commission on Human Relations Building F, Suite 240

325 John Knox Road

Tallahassee, Florida 32303-4149


Larry Corman, Esquire

Hodgson, Russ, Andrews, Woods & Goodyear, LLP 2000 Glades Road, Suite 400

Boca Raton, Florida 33431


Sharon Moultry, Clerk

Florida Commission on Human Relations Building F, Suite 240

325 John Knox Road

Tallahassee, Florida 32303-4149


Jane L. Cornett, Esquire

Wackeen, Cornett, Googe & Ross, P.A. Post Office Box 66

Stuart, Florida 34995


Docket for Case No: 95-001177
Issue Date Proceedings
Nov. 19, 1999 Order Closing File sent out. CASE CLOSED, per voluntary dismissal.
Nov. 18, 1999 (D. Baird, E. & K. Divito, L. Corman, R. Hildreth, D. Ross) Stipulation for Settlement w/cover letter filed.
Oct. 26, 1999 Order Granting Continuance and Placing Case in Abeyance sent out. (Parties to advise status by November 9, 1999.)
Oct. 22, 1999 (Petitioner) Motion to Hold Hearing in Abeyance (filed via facsimile).
Oct. 22, 1999 Amended Petitioner`s Witness List (filed via facsimile).
Oct. 20, 1999 (Petitioner) Motion for Attorney`s Fees and Costs w/exhibits; Petitioner`s Witness List filed.
Oct. 14, 1999 Order Denying Motion for Continuance sent out.
Oct. 12, 1999 Intervenors` Memorandum in Opposition to Motion for Continuance filed.
Oct. 08, 1999 (L. Corman) Notice of Taking Deposition filed.
Oct. 07, 1999 (Respondents) Re-Notice of Taking Deposition Duces Tecum (filed via facsimile).
Oct. 07, 1999 Letter to L. Corman, D. Baird from D. Ross Re: Request for Continuance filed.
Oct. 06, 1999 (H. Googe) Notice of Filing; Letter to All Members 19th Inc. from E. Struzke Re: Recent deliberations (filed via facsimile).
Oct. 06, 1999 (H. Googe) Motion for Continuance (filed via facsimile).
Sep. 22, 1999 (D. Ross) Notice of Taking Deposition Duces Tecum (filed via facsimile).
Jul. 23, 1999 Order sent out. (the notice of hearing in this case referenced the agency remand and objection as it is anticipated that the Evidentiary hearing will address all outstanding issues in this matter)
Jul. 09, 1999 Letter to Associated Court Reporters of PBC from Ann Luchini sent out. (Requesting services of court reporter)
Jul. 08, 1999 Respondents Motion for Clarification (filed via facsimile).
Jul. 06, 1999 Notice of Hearing sent out. (hearing set for 9:00am; Stuart; 10/26/99)
May 06, 1999 Agreed Order Granting Extension of Time (for Judge Signature) filed.
May 05, 1999 Respondent`s`s Rebuttal to Ex-Parte Communication (filed via facsimile).
May 04, 1999 Respondent`s`s Request for Copy of Ex-Parte Communication (filed via facsimile).
Apr. 30, 1999 Notice of Ex Parte Communication sent out.
Apr. 28, 1999 Letter to MMP from R. Hildrete Re: Discrimination filed.
Apr. 23, 1999 Letter to J. Baxter from P. Kett (RE: confirming fax number) (filed via facsimile).
Apr. 22, 1999 (L. Corman) Subpoena Duces Tecum for Deposition; Notice of Taking Deposition Duces Tecum (filed via facsimile).
Apr. 21, 1999 Intervenors` Response to Objection to Remand, Motion to Deny Remand, and Memorandum of Law filed.
Apr. 21, 1999 Order Cancelling Hearing sent out. (an order on the outstanding motion will be entered and if necessary, the hearing in this cause rescheduled at a later date)
Apr. 16, 1999 (A. Taormina) Providing Information That was not Available at Hearing (untitled) filed.
Apr. 16, 1999 Intervenors` Response to Objection to Remand, Motion to Deny Remand, and Memorandum of Law (filed via facsimile).
Apr. 08, 1999 Respondent`s`s Objection to Remand, Motion to Deny Remand and Memorandum of Law in Support Thereof filed.
Apr. 06, 1999 Respondent`s`s Objection to Remand Motion to Deny Remand and Memorandum of Law in Support there of (filed via facsimile).
Dec. 21, 1998 Order Granting Continuance sent out. (1/22/99 hearing reset for 4/29/99; 9:00am; Stuart)
Dec. 11, 1998 (Respondent`s`s) Unopposed Motion for Continuance (filed via facsimile).
Dec. 08, 1998 Notice of Hearing Location sent out. (for 1/22/99 hearing)
Aug. 19, 1998 Notice of Hearing sent out. (hearing set for 1/22/99; 9:00am; Stuart)
Jul. 20, 1998 Letter to JDP from D. Baird Re: Dates available for hearing (filed via facsimile).
Jul. 20, 1998 Letter to JDP from D. Ross Re: Hearing dates filed.
Jul. 20, 1998 Letter to JDP from D. Ross (RE: request for extension of time) (filed via facsimile).
Jul. 02, 1998 Order Reopening File and Requiring Response. (response re: available hearing dates due 7/20/98) CASE REOPENED.
Apr. 10, 1998 Order Finding Discriminatory Housing Practice and Remanding Matter to Administrative Law Judge for Determination of Relief filed.
Jun. 10, 1996 Appendix to FCHR Proposed Recommended Order [Compilation of Selected Cases (with index)] filed.
Jun. 10, 1996 Recommended Order sent out. CASE CLOSED. Hearing held 01/17/96.
Mar. 19, 1996 (From K. Ross) Proposed Recommended Order (for Hearing Officer Signature) w/cover letter filed.
Mar. 18, 1996 FCHR Proposed Recommended Order (for Hearing Officer Signature) w/cover letter filed.
Mar. 18, 1996 (From K. Ross) Proposed Recommended Order (for Hearing Officer Signature) w/cover letter filed.
Mar. 15, 1996 Order Granting Extension of Time to File Proposed Recommended Orders sent out. (PRO`s due 3/18/96)
Mar. 14, 1996 (HRC) Motion for Second Extension of Time to Submit Proposed Findings of Fact filed.
Mar. 14, 1996 Respondent`s`s Memorandum of Law ; Respondent`s`s Proposed Findings of Fact and Conclusions of Law filed.
Feb. 29, 1996 Order Granting Extension of Time to File Proposed Recommended Orders sent out. (PRO`s due 3/15/96)
Feb. 29, 1996 (Petitioner) Motion for Extension of Time to Submit Proposed Findings of Fact; CC: Letter to Harden King from Kevin K. Ross filed.
Feb. 21, 1996 Transcript filed.
Jan. 17, 1996 CASE STATUS: Hearing Held.
Jan. 16, 1996 Notice of Filing Respondents Supplement to Its Unilateral Prehearing Statement; Supplement to Unilateral Prehearing Statement filed.
Jan. 16, 1996 Notice of Filing Respondent`s Supplement to its Unilateral Pre-Hearing Statement; Supplement to Unilateral Pre-Hearing Statement; Unilateral Pre-Hearing Statement; Letter to H. King, L. Corman and K. Ross Re: proposed joint pre-hearing statement filed.
Jan. 09, 1996 Joint Prehearing Statement filed.
Nov. 09, 1995 Confirmation letter to Court Reporter from Hearing Officer`s secretary re: hearing date sent out. (Court Reporter: Associated Court Reporters of PBC)
Nov. 09, 1995 (Larry Corman) Re-Notice of Taking Deposition Duces Tecum filed.
Nov. 02, 1995 Notice of Hearing sent out. (hearing set for 1/17/96; 9:00am; Stuart)
Oct. 27, 1995 Memorandum to Hearing Officer from Nancy T. Hodde Re: Original return of service; Return of Service filed.
Sep. 22, 1995 Intervenor Edward and Kathy Divito`s Response to Order Dated August 25, 1995 Granting Continuance filed.
Sep. 19, 1995 Respondent`s`s Response to Order Dated August 25, 1995 Granting Continuance filed.
Sep. 18, 1995 Re-Notice of Taking Deposition Duces Tecum filed. (from L. Corman)
Sep. 18, 1995 Respondents Response to Order Dated August 25, 1995 Granting Continuance filed.
Aug. 30, 1995 FCHR Certificate of Service for Answering Respondent`s`s 1st Set of Interrogatories filed.
Aug. 28, 1995 Respondents' Motion for View filed.
Aug. 25, 1995 Order Granting Continuance sent out. (hearing cancelled; motion to compel granted; parties to respond by 9/15/95)
Aug. 25, 1995 Respondents Motion for View filed.
Aug. 23, 1995 Intervenors Edward and Kathy Divito's Motion for Continuance filed.
Aug. 21, 1995 (Petitioner) Re-Notice of Taking Deposition Duces Tecum filed.
Aug. 21, 1995 Respondents Motion to Compel Answers to Interrogatories Or Alternatively, Motion to Continue (copy) filed.
Aug. 18, 1995 Respondents Motion to Compel Answers to Interrogatories or Alternatively, Motion to Continue filed.
Aug. 09, 1995 (Larry Corman) Notice of Taking Deposition Duces Tecum filed.
Jul. 14, 1995 Confirmation letter to Court Reporter from Hearing Officer`s secretary re: hearing date sent out. (Court Reporter: Associated Court Reporters)
Jul. 14, 1995 Notice of Hearing sent out. (hearing set for 9/1/95; 9:30am; Stuart)
Jun. 19, 1995 Respondent`s Status Report filed.
Jun. 12, 1995 Respondent`s (See and Sutherlands) Motion to Dismiss filed.
May 18, 1995 Respondents Response to Petition for Leave to Intervene and Affirmative Defenses filed.
May 15, 1995 Order sent out. (hearing cancelled, parties shall confer and report to the undersigned in writing by 6/16/95, to advise as to whether a hearing will be required and if so several mutually agreeable dates for rescheduling)
May 08, 1995 Respondents' Reply to Administrative Charge filed.
May 08, 1995 Respondents Motion for Continuance filed.
May 04, 1995 (Respondents) (2) Notice of Taking Deposition filed.
May 03, 1995 (Respondent`s) Notice of Taking Deposition filed.
Apr. 28, 1995 (Larry Corman) Petition for Leave to Intervene filed.
Apr. 27, 1995 (2) Subpoena Ad Testificandum; (2) Affidavit of Service w/cover letter filed.
Apr. 20, 1995 (Respondents) Notice of Propounding Interrogatories; Respondents`s Request to Produce filed.
Apr. 05, 1995 Notice of Hearing sent out. (hearing set for May 23-24, 1995; 11:00am; Stuart)
Mar. 24, 1995 Joint Response to Initial Order; Jane L. Cornett from Larry Corman, P.A. Re: Response to Initial Order; Letter to Harden King from Jane L. Cornett Re: Initial Order filed.
Mar. 15, 1995 Initial Order issued.
Mar. 09, 1995 Notice; Request for Administrative Hearing; Notice of Agency Action (Administrative Charge); Summary filed.
Feb. 13, 1995 Letter to JDP from D. Ross (RE: rescheduling hearing) (filed via facsimile).

Orders for Case No: 95-001177
Issue Date Document Summary
Nov. 19, 1999 Other
May 20, 1999 Agency Final Order
Jul. 02, 1998 Other
Apr. 10, 1998 Remanded from the Agency
Jun. 10, 1996 Recommended Order No housing violation where aggrieved party voluntarily moved.
Source:  Florida - Division of Administrative Hearings

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