STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF BUSINESS AND )
PROFESSIONAL REGULATION, )
DIVISION OF REAL ESTATE, )
)
Petitioner, )
)
vs. ) Case No. 96-5919
) SERAFINA A. MARTELL; SERA MARTELL ) REALTY, INC.; and ELIZABETH O. D. ) JOHNSON,1 )
)
Respondents. )
)
RECOMMENDED ORDER
Pursuant to notice, a formal hearing was held in this case on January 6, 1998, at Fort Lauderdale, Florida, before Claude B. Arrington, a duly designated Administrative Law Judge of the Division of Administrative Hearings.
APPEARANCES
For Petitioner: Geoffrey T. Kirk, Esquire
Department of Business and Professional Regulation
Division of Real Estate Post Office Box 1900
Orlando, Florida 32802-1900
For Respondents:2 James H. Gillis, Esquire
Gillis & Wilsen
1415 East Robinson Street, Suite B Orlando, Florida 32801
STATEMENT OF THE ISSUES
Whether Respondent Serafina Martell (Ms. Martell), a licensed real estate salesperson, and Respondent Sera Martell
Realty, Inc. (Martell Realty), a corporation licensed as a real estate broker, committed the offenses alleged in the Administrative Complaint and the penalties, if any, that should be imposed.
PRELIMINARY STATEMENT
Martell Realty has, at all times pertinent to this proceeding, been solely owned by Ms. Martell. Between August 12, 1991, and August 8, 1994, Elizabeth O. D. Johnson was the qualifying broker for Martell Realty. At all times pertinent to this proceeding, Ms. Martell was licensed as a real estate sales person, but she has never been licensed as a real estate broker.
On November 19, 1996, Petitioner filed an administrative complaint naming Martell Realty, Ms. Martell, and Ms. Johnson as the Respondents pertaining to the time Ms. Johnson served as the qualifying broker for Martell Realty. The administrative complaint contained six counts. The gravamen of the complaint was that Ms. Martell was operating Martell Realty without a broker's license and that Ms. Johnson was merely a figurehead.
After alleging certain facts pertaining to the operation and control of the corporation, the administrative complaint charged the respective Respondents as follows3:
Count I charged Ms. Martell with operating as a broker without a current, valid, and active broker's license in violation of Section 475.42(1)(a), Florida Statutes, and therefore in violation of Section 475.25(1)(a), Florida Statutes.
Count II charged Martell Realty with aiding, assisting, or employing a salesperson to operate as a broker in the practice of real estate in violation of Section 455.227(1)(j), Florida
Statutes, and therefore in violation of Section 475.25(1)(a), Florida Statutes.
Count III charged Ms. Johnson with culpable negligence in failing to exercise due direction, control, and management of a real estate brokerage office in violation of Section 475.25(1)(b), Florida Statutes.
Count IV charged Ms. Martell with aiding, assisting, or conspiring with another to violate the duties imposed by Section 475.42(1), Florida Statutes, in violation of Section 475.25(1)(b), Florida Statutes.
Count V charged Martell Realty with aiding, assisting, or conspiring with another to violate the duties imposed by Section 475.42(1), Florida Statutes, in violation of Section 475.25(1)(b), Florida Statutes.
Count VI charged Ms. Johnson with aiding, assisting, or conspiring with another to violate the duties imposed by Section 475.42(1), Florida Statutes, in violation of Section 475.25(1)(b), Florida Statutes.
Counts III and VI of the Administrative Complaint were resolved by stipulation between Petitioner and Ms. Johnson prior to the formal hearing. Consequently, those two counts were not at issue at the formal hearing.
At the formal hearing, Petitioner presented the testimony of five witnesses and presented four exhibits, three of which were accepted into evidence. Respondent presented the testimony of
thirteen witnesses and presented 29 exhibits, 28 of which were accepted into evidence.
A transcript of the proceedings has been filed. The Petitioner and Respondent filed proposed recommended orders, which have been duly considered by the undersigned in the preparation of this Recommended Order.
FINDINGS OF FACT
Petitioner is the agency of the State of Florida charged with the responsibility and duty to regulate the practice of real estate in Florida pursuant to Chapters 455 and 475, Florida Statutes, and Chapter 61J2, Florida Administrative Code.
At all times pertinent to this proceeding, Ms. Martell was licensed as a real estate salesperson in the State of Florida, having been issued license number 0126087. Ms. Martell has never been licensed as a real estate broker.
At all times pertinent to this proceeding, Ms. Martell's license was placed with Martell Realty, 110 North Ocean Boulevard, Pompano Beach, Florida, which is the only office Martell Realty has had during its corporate existence.
At all times pertinent to this proceeding, Martell Realty was a corporation that was duly organized and existing under the laws of the State of Florida. Ms. Martell has been the sole stockholder of Martell Realty since its incorporation in 1989.
Martell Realty was initially registered as a real estate
brokerage corporation in the State of Florida on August 12, 1991. Since that date of registration, Martell Realty has been the holder of license number CQ0258296.4
At no time pertinent to this proceeding was Ms. Martell an officer or director of Martell Realty.5
Although Martell Realty was named after Ms. Martell, there was no evidence that Ms. Martell held herself out to the public as a real estate broker.
Ms. Johnson was the qualifying broker for Martell Realty and the vice-president of the corporation from August 12, 1991, until August 8, 1994. Ms. Johnson resigned her positions with Martell Realty on August 8, 1994. The allegations of the Administrative Complaint are limited to the period between August 12, 1991, and August 8, 1994.
At the time of its initial registration Nina Cianciolo, Ms. Martell's sister, was listed as the president, the secretary, and as a director of Martell Realty. Ms. Cianciolo was not licensed by Petitioner. As of February 22, 1993, Ms. Cianciolo was no longer a corporate officer.
Also at the time of its initial registration,
Anna D'Amico, who also served as the company bookkeeper, was designated the treasurer of Martell Realty. Ms. D'Amico died prior to the formal hearing, but the record does not reflect her date of death.
Martell Realty was an active real estate brokerage company at all times pertinent to this proceeding and was an active real estate brokerage company at the time of the formal hearing.6
At all times pertinent to this proceeding, Ms. Johnson held broker licenses 0262427 and 0271696. Ms. Johnson testified her employment status with Martell Realty was as an independent contractor and that she was paid approximately $150.00 per month to serve as its qualifying broker.
Ms. Johnson described her responsibility as being limited to supervising the escrow account, including making deposits, withdrawals, and monthly reconciliation of the escrow account. The evidence established that she performed those responsibilities and that there were no deficiencies pertaining to the escrow account.
Ms. Johnson went to work at the Martell Realty office on a daily basis unless she was ill or out of town. She routinely called on days she was not at the office. Although she did not have a private office, she had a desk and telephone that were reserved for her use.
Ms. Johnson testified that she acted in the best interest of the company as a designated broker at all times. She testified that she contacted legal counsel on one occasion when there was a difference of opinion between herself and Ms. Martell and sought legal advice concerning the types of brokerage transaction that would best serve Martell Realty, even though
Ms. Martell might be opposed.
In addition to being responsible for the escrow account, during her tenure as qualifying broker for Martell
Realty, Ms. Johnson did the following on one or more occasions:
Made application and served as Martell Realty's designated realtor for the North Broward Association of Realtors and attended some of the orientation program of that association.
Verified and acknowledged with the Pompano Beach - North Broward Board of Realtors new listings that had been brought into Martell Realty for listing with the Multiple Listing Service.
Brought new listings into the office of Martell Realty.
Sold real property through Martell Realty.
Reviewed commission agreements generated by listings shared by office associates and disputes generated by such arrangements.
While Respondents established that Ms. Johnson's activities with Martell Realty were not strictly limited to matters pertaining to the escrow account, Petitioner established by clear and convincing evidence that Ms. Johnson was not in control of the corporate affairs of Martell Realty.
Martell Realty did not conduct regular meetings of the board of directors. From 1991 until her resignation in 1994, Ms. Johnson was a member of the board of directors of Martell
Realty. During that time, there were no meetings of the board of directors.
The designated officers of the corporation did not conduct the affairs of the corporation during Ms. Johnson's tenure as the qualifying broker.
At all times pertinent to this proceeding, Ms. Martell conducted the affairs of Martell Realty, except those pertaining to the escrow account. She served as the office manager of Martell Realty and was in charge of the daily operations of the corporation.
Ms. Martell hired and fired personnel, including salespersons, who were hired as independent contractors.
Although Ms. Johnson periodically gave advice to sales associates and wrote occasional memos to sales associates, the evidence established that Ms. Martell, not Ms. Johnson, supervised the sales associates of the corporation. Ms. Martell conducted sales meetings, collected escrow deposits from other salespersons, attended closings, and supervised all advertising.
On April 1, 1993, Martell Realty filed suit against Diane Consenzi for a real estate brokerage commission. This case was filed in the Circuit Court for the Fifteenth Judicial Circuit, where it was assigned Case Number CL 93-2879 AE. The case was styled Sera Martell Realty, Inc. vs. Diane Consenzi, a/k/a Diane Sadallah Consenzi. Protracted litigation followed.
Martell Realty was represented by counsel throughout this litigation. Ms. Martell was present during all court appearances on behalf of Martell Realty and hired the counsel that represented Martell Realty.7 Ms. Martell was in control of the litigation on behalf of Martell Realty. Ms. Johnson, the qualifying broker, knew very little about this litigation and did not participate in making decisions pertaining to the litigation. There was no evidence that the board of directors or any authorized corporate officer participated in this litigation on behalf of Martell Realty.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction of the parties to and the subject of this proceeding. Section 120.57(1), Florida Statutes.
Petitioner has the burden of proving by clear and convincing evidence the allegations against Respondents. See Ferris v. Turlington, 510 So. 2d 292 (Fla. 1987); Evans
Packing Co. v. Department of Agriculture and Consumer Services, 550 So. 2d 112 (Fla. 1st DCA 1989).
Section 475.001, Florida Statutes, sets forth the purpose of Part I of Chapter 475, Florida Statutes, as follows:
The Legislature finds that a significant number of real property transactions are facilitated by real estate brokers and salesperson and that it is necessary to assure the minimal competence of real estate practitioners in order to protect the public from potential economic loss; therefore, the Legislature deems it necessary in the interest of the public welfare to regulate real estate brokers, salespersons, and schools in this state.
Chapter 455 and Part I of Chapter 475, Florida Statutes, along with the rules adopted by Petitioner, contain comprehensive regulations of the practice of real estate in the State of Florida. It is apparent that the Legislature intended for there to be a distinction between brokers and salespersons. Section 475.42(1)(a), Florida Statutes, prohibits any person to operate as a broker without being the holder of a valid and current active broker's license. Section 475.42(1)(b), Florida Statutes, prohibits any person licensed as a salesperson to operate as a broker.
Section 475.01, Florida Statutes, provides, in pertinent part, as follows:
As used in this part:
(a) "Broker" means a person who, for another, and for a compensation or valuable consideration directly or indirectly paid or promised, expressly or impliedly, or with an intent to collect or receive a compensation or valuable consideration therefor, appraises, auctions, sells, exchanges, buys, rents, or offers, attempts or agrees to appraise, auction, or negotiate the sale, exchange, purchase, or rental of business enterprises or business opportunities or any real property or any interest in or concerning the same, including mineral rights or leases, or who advertises or holds out to the public by any oral or printed solicitation or representation that she or he is engaged in the business of appraising, auctioning, buying, selling, exchanging, leasing, or renting business enterprises or business opportunities or real property of others or interests therein, including mineral rights, or who takes any part in the procuring of sellers, purchasers, lessors, or lessees of business enterprises or business opportunities or the real property of another, or leases, or interest therein, including mineral rights, or who directs or assists in the procuring of prospects or in the negotiation or closing of any transaction which does, or is calculated to, result in a sale, exchange, or leasing thereof, and who receives, expects, or is promised any compensation or valuable consideration, directly or indirectly therefor; and all persons who advertise rental property information or lists. . . . The term "broker" also includes any person who is a general partner, officer, or director of a partnership or corporation which acts as a broker. . . .
* * *
(k) "Salesperson" means a person who performs any act specified in the definition of "broker," but who performs such act under the direction, control, or management of another person. . . .
* * *
The terms "employ," "employment," "employer," and "employee," when used in this chapter and in rules adopted pursuant thereto to describe the relationship between a broker and a salesperson, include an independent contractor relationship when such relationship is intended by and established between a broker and a salesperson. The existence of such relationship shall not relieve either the broker or the salesperson of her or his duties, obligations, or responsibilities under this chapter.
Wherever the word "operate" or "operating" as a broker, broker-salesperson, or salesperson appears in this chapter; in any order, rule, or regulation of the commission; in any pleading, indictment, or information under this chapter; in any court action or proceeding; or in any order or judgment of a court, it shall be deemed to mean the commission of one or more acts described in this chapter as constituting or defining a broker, broker-salesperson, or salesperson, not including, however, any of the exceptions stated therein. A single such act is sufficient to bring a person within the meaning of this chapter, and each act, if prohibited herein, constitutes a separate offense.
Section 475.25(1), Florida Statutes, provides, in pertinent part, as follows:
(1) The commission may deny an application for licensure, registration, or permit, or renewal thereof; may place a licensee, registrant, or permittee on probation; may suspend a license, registration, or permit for a period not exceeding 10 years; may revoke a license, registration, or permit; may impose an administrative fine not to exceed $1,000 for each count or separate offense; and may issue a reprimand, and any or all of the foregoing, if it finds that the licensee, registrant, permittee, or applicant:
Has violated any provision of s.
455.227(1) or of s. 475.42.
Has been guilty of fraud, misrepresentation, concealment, false promises, false pretenses, dishonest dealing by trick, scheme, or device, culpable negligence, or breach of trust in any business transaction in this state or any other state, nation, or territory; has violated a duty imposed upon her or him by law or by the terms of a listing contract, written, oral, express, or implied, in a real estate transaction; has aided, assisted, or conspired with any other person engaged in any such misconduct and in furtherance thereof; or has formed an intent, design, or scheme to engage in any such misconduct and committed an overt act in furtherance of such intent, design, or scheme. It is immaterial to the guilt of the licensee that the victim or intended victim of the misconduct has sustained no damage or loss; that the damage or loss has been settled and paid after discovery of the misconduct; or that such victim or intended victim was a customer or a person in confidential relation with the licensee or was an identified member of the general public.
Ms. Johnson, as the qualifying broker employed by Martell Realty, had responsibilities imposed by statute and rule. As is made clear by the provisions of Section 475.01(2), Florida Statutes, those responsibilities were not limited to the employment contract between the broker and the employing entity. The evidence is clear and convincing that the salespersons of Martell Realty did not work under the direction, control, or management of Ms. Johnson. Ms. Johnson abdicated those responsibilities to Ms. Martell.
Martell Realty is recognized by the laws of Florida as a corporate entity separate and distinct from Ms. Martell.
Because the corporation had a named qualifying broker and named directors and officers, Martell Realty satisfied the criteria for licensure as a brokerage corporation.
No statute or rule prohibits a salesperson from owning a real estate brokerage company. Consequently, the fact that a licensed salesperson was the sole owner of the corporation did not disqualify Martell Realty from such licensure.
Pertinent statutes and rules do, however, prohibit a salesperson from acting as a broker. When one looks behind the corporate facade of Martell Realty, it is discerned, by clear and convincing evidence, that the corporate affairs of Martell Realty were controlled by Ms. Martell and not by Ms. Johnson, any other qualifying broker, the board of directors, or the corporate officers. By controlling Martell Realty, Ms. Martell operated as a real estate broker, thereby exceeding the scope of her licensure as a real estate salesperson.
A distinction should be drawn to cases where a salesperson acts as office manager of a real estate brokerage corporation and the instant case. Where the salesperson is the office manager only, he or she is answerable to officers or directors of the corporation. In this case, Ms. Martell was the sole stockholder of the corporation and, with the exception of the escrow account, exercised complete control over the corporation.
Petitioner established by clear and convincing evidence that Ms. Martell, by controlling Martell Realty, acted as a broker without being licensed, and that Martell Realty permitted its affairs to be conducted by a salesperson. Consequently, it is concluded that Petitioner established the violations alleged in Count I and Count II of the Administrative Complaint.
Section 455.227(1)(j), Florida Statutes, provides that the following constitute grounds for which disciplinary action
may be imposed:
(j) Aiding, assisting, procuring, employing, or advising any unlicensed person or entity to practice a profession contrary to this part, the chapter regulating the profession, or the rules of the department or the board.
The violations alleged by Petitioner against
Ms. Martell and Martell Realty in Counts IV and V are subsumed by the violations of Counts I and II. Consequently, it is concluded that Counts IV, and V should be dismissed.
Counts III and VI of the Administrative Complaint, pertaining to Ms. Johnson, should be dismissed because they have been resolved by stipulation.
Rule 61J2-24.001, Florida Administrative Code, contains disciplinary guidelines pertinent to this proceeding. For a violation of Section 475.42(1)(a), Florida Statutes, the guideline penalty ranges from 3 years' suspension to revocation. No period of suspension is recommended because Martell Realty had a named qualifying broker; there was no evidence in this proceeding that Ms. Martell or Martell Realty has been previously disciplined; and there was no evidence that any member of the public has been harmed.
Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that Petitioner find Ms. Martell guilty of Count I, and Martell Realty guilty of Count II. It is further
RECOMMENDED that, for those violations, Ms. Martell and Martell Realty each be reprimanded and fined in the amount of $1,000.00. It is further RECOMMENDED that the final order require that
Ms. Martell divest herself of control of the affairs of Martell Realty within thirty days of the entry of the Final Order. It is further RECOMMENDED that all other counts be dismissed.
DONE AND ENTERED this 20th day of March, 1998, in Tallahassee, Leon County, Florida.
CLAUDE B. ARRINGTON
Administrative Law Judge
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
Filed with the Clerk of the Division of Administrative Hearings this 20th day of March, 1998.
ENDNOTES
1/ The counts pertaining to Ms. Johnson have been settled. Consequently, those two counts should be dismissed. Ms. Johnson appeared at the formal hearing as a witness, pursuant to subpoena, and she was accompanied by her counsel of record, Daniel B. Oates, Esquire. Ms. Johnson did not participate in the formal hearing as a party.
2/ Mr. Gillis represented Serafina Martell and Sera Martell Realty, Inc.
3/ The discussion pertaining to the Administrative Complaint is intended to be a summary only. Any question about the Administrative Complaint should be resolved by reading that pleading in its entirety.
4/ There was no allegation that Martell Realty should have registered as a real estate brokerage corporation prior to August 12, 1991.
5/ Rule 61J2-5.016, Florida Administrative Code, pertains to corporations registered as real estate brokers and provides, in part, that no salesperson or broker-salesperson may be registered as an officer or director of a brokerage corporation.
6/ Between August 8, 1994, and March 20, 1995, there was no qualifying broker for Martell Realty. The corporate registration of Martell Realty was administratively cancelled during that period.
From March 20, 1995, through October 26, 1995, Mary Belotto was the qualifying broker of Martell Realty. Ms. Belotto also was designated the vice-president of Martell Realty during this period and Sherri Williams, who was not licensed by Petitioner, was designated the president, secretary, and treasurer. Between October 27, 1995, and March 6, 1996, there was no qualifying broker for Martell Realty. The corporate registration of Martell Realty was administratively cancelled during that period.
From March 7, 1996, through October 8, 1996, Mary Belotto again served as the qualifying broker for Martell Realty. Once again, Ms. Belotto was designated the vice-president of Martell Realty during this period and Sherrill Ann Williams, who was not licensed by Petitioner, was designated the president, secretary, and treasurer.
On October 8, 1996, Ms. Belotto resigned her positions with Martell Realty, and William Adams became the qualifying broker and vice-president for Martell Realty. Mr. Adams continued to serve in those capacities at the time of the formal hearing.
7/ Martell Realty prevailed in the litigation against
Ms. Consenzi, and thereafter moved for attorney's fees and costs. During the proceeding for fees and costs, Philip Warren, Esquire, the attorney who represented Martell Realty, testified that Anna D'Amico, an officer and director of Martell Realty, had consented to his representing Martell Realty in the litigation. Mr. Warren did not testify at the formal hearing. Ms. D'Amico died prior to the formal hearing. The transcript of the proceedings for attorney's fees was Petitioner's Exhibit 1. Mr. Warren's testimony in the proceedings for attorney's fees and costs as to what Ms. D'Amico told him is hearsay. Even if this testimony was accepted as establishing that Ms. D'Amico agreed to the litigation, it is clear that Ms. Martell hired and fired the lawyers involved in representing Martell Realty and that she was
the person who controlled the litigation on behalf of Martell Realty. Whether Ms. D'Amico rubber-stamped Mr. Martell's decision is not considered dispositive of any issue.
COPIES FURNISHED:
Geoffrey T. Kirk, Esquire Department of Business and
Professional Regulation Division of Real Estate Post Office Box 1900
Orlando, Florida 32802-1900
James H. Gillis, Esquire Gillis & Wilsen
1415 East Robinson Street, Suite B Orlando, Florida 32801
Henry M. Solares, Director Department of Business and
Professional Regulation Division of Real Estate Post Office Box 1900
Orlando, Florida 32802-1900
Lynda L. Goodgame, General Counsel Department of Business and
Professional Regulation 1940 North Monroe Street
Tallahassee, Florida 32399-0792
NOTICE OF RIGHT TO SUBMIT EXCEPTIONS
All parties have the right to submit written exceptions within 15 days from the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the Final Order in this case.
1 The counts pertaining to Ms. Johnson have been settled. Consequently, those two counts should be dismissed. Ms. Johnson appeared at the formal hearing as a witness, pursuant to subpoena, and she was accompanied by her counsel of record, Daniel B. Oates, Esquire. Ms. Johnson did not participate in the formal hearing as a party.
2 Mr. Gillis represented Serafina Martell and Sera Martell Realty, Inc. Because of the settlement, Ms. Johnson appeared as a witness, but not as a respondent.
3 The discussion pertaining to the administrative complaint is intended to be a summary only. Any question about the administrative complaint should be resolved by reading that pleading in its entirety.
4 There was no allegation that Martell Realty should have registered as a real estate brokerage corporation prior to August 12 1991.
5 Rule 61J2-5.016, Florida Administrative Code, pertains to corporations registered as real estate brokers and provides, in part that no salesperson or broker-salesperson may be registered as an officer, director of a brokerage corporation.
6 Between August 8, 1994, and March 20, 1995, there was no qualifying broker for Martell Realty. The corporate registration of Martell Realty was administratively cancelled during that period.
From March 20, 1995, through October 26, 1995, Mary Belotto was the qualifying broker of Martell Realty. Ms. Belotto also was designated the vice-president of Martell Realty during this period and Sherri Williams, who was not licensed by Petitioner, was designated the president, secretary, and treasurer Between October 27, 1995, and March 6, 1996, there was no qualifying broker for Martell Realty. The corporate registration of Martell Realty was administratively cancelled during that period.
From March 7, 1996, through October 8, 1996, Mary Belotto again served as the qualifying broker for Martell Realty. Once again, Ms. Belotto was designated the vice-president of Martell Realty during this period and Sherrill Ann Williams, who was not licensed by Petitioner, was designated the president, secretary, and treasurer.
On October 8, 1996, Ms. Belotto resigned her positions with Martell Realty, and William Adams became the qualifying broker and vice-president for Martell Realty. Mr. Adams continued to serve in those capacities at the time of the formal hearing.
7 Martell Realty prevailed in the litigation against Ms. Consenzi, and thereafter moved for attorney's fees and costs. During the proceeding for fees and costs, Philip Warren, Esquire, the attorney who represented Martell Realty, testified that Anna D'Amico, an officer and director of Martell Realty, had consented to his representing Martell Realty in the litigation. Mr. Warren did not testify at the formal hearing. Ms. D'Amico died prior to the formal hearing. The transcript of the proceedings for attorney's fees was Petitioner's Exhibit 1. Mr. Warren's testimony in the proceedings for attorney's fees and costs as to what Ms. D'Amico told him is hearsay. Even if this testimony was accepted as establishing that Ms. D'Amico agreed to the litigation, it is clear that Ms. Martell hired and fired the lawyers involved
in representing Martell Realty and that she was the person who controlled the litigation on behalf of Martell Realty.
| Issue Date | Proceedings |
|---|---|
| Jul. 15, 1998 | Notice of Appeal filed. (4th DCA Case No. 4-98-2377) |
| Jun. 26, 1998 | Final Order filed. |
| Apr. 02, 1998 | Respondent`s Exceptions to Recommended Order filed. |
| Mar. 20, 1998 | Recommended Order sent out. CASE CLOSED. Hearing held 01/06/98. |
| Feb. 16, 1998 | (Petitioner) Proposed Recommended Order (filed via facsimile). |
| Feb. 09, 1998 | Respondent`s Proposed Recommended Order (filed via facsimile). |
| Feb. 06, 1998 | Exhibit`s filed. |
| Feb. 06, 1998 | (I Volume) Transcript filed. |
| Jan. 06, 1998 | CASE STATUS: Hearing Held. |
| Dec. 30, 1997 | Petitioner`s Response to Prehearing Order (filed via facsimile). |
| Oct. 10, 1997 | Second Notice of Hearing sent out. (hearing set for 1/6/98; 9:00am; Ft. Lauderdale) |
| Aug. 29, 1997 | Order Denying Motion to Clarify sent out. |
| Aug. 26, 1997 | Petitioner`s Notice of Filing Status Report and Request for Clarification of Order Dated May 9, 1997 (filed via facsimile). |
| Aug. 12, 1997 | Order of Abeyance sent out. (hearing cancelled; parties to file status report by 9/30/97) |
| Aug. 11, 1997 | Respondents` Motion to Cancel Hearing and Hold Case in Abeyance filed. |
| Jul. 14, 1997 | Notice of Hearing sent out. (hearing set for 10/17/97; 9:00am; Ft. Lauderdale) |
| Jun. 27, 1997 | BY ORDER of the COURT(Fourth DCA order) (appeal is dismissed as duplicative to petition filed under case number 97-1968) filed. |
| Jun. 24, 1997 | 4th DCA Dismissed Case on June 24, 1997 filed. |
| Jun. 20, 1997 | Letter to DOAH from DCA filed. DCA Case No. 4-97-2020. |
| Jun. 20, 1997 | BY ORDER of the COURT (Appellant to file within 15 days a conformed copy of the order being appealed), (Appellant to file $250.00 filing fee within 10 days) filed. |
| Jun. 07, 1997 | Notice of Appeal (filed by James H. Gillis) filed. |
| May 09, 1997 | Order Granting Motion to Disqualify sent out. |
| May 09, 1997 | Order Denying Motions to Dismiss sent out. (Motions denied) |
| Apr. 25, 1997 | Respondent`s Exhibit A; Cover Sheet (filed via facsimile). |
| Apr. 11, 1997 | Respondent, Johnson`s, Motion to Dismiss Administrative Complaint filed. |
| Apr. 03, 1997 | Respondents` Response to Petitioner`s Motion to Disqualify Frederick H. Wilsen as Opposing Counsel and Memorandum of Law in Support and Respondents` Motion for Attorneys` Fees and Costs filed. |
| Apr. 03, 1997 | Respondents` Motion to Dismiss Administrative Complaint; Affidavit of Frederick H. Wilsen filed. |
| Mar. 20, 1997 | Petitioner`s Motion to Disqualify Frederick H. Wilsen as Opposing Counsel and Memorandum of Law in Support; Affidavit of Henry Solares filed. |
| Jan. 16, 1997 | Notice of Hearing sent out. (hearing set for 3/12/97; 9:00am; Ft. Lauderdale) |
| Jan. 03, 1997 | Joint Response to Initial Order (filed via facsimile). |
| Dec. 24, 1996 | Notice of Appeal and Petition to Review two Non-Final Agency Actions (file with the 4th DCA) filed. |
| Dec. 24, 1996 | Initial Order issued. |
| Dec. 19, 1996 | Cover Letter From Frederick H. Wilsen; Response to Administrative Complaint And Petition for Formal Hearing (Exhibits); Agency referral letter; Administrative Complaint filed. |
| Issue Date | Document | Summary |
|---|---|---|
| Jun. 22, 1998 | Agency Final Order | |
| Mar. 20, 1998 | Recommended Order | Licensed salesperson guilty of controlling a brokerage corporation. |
