STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF BUSINESS AND ) PROFESSIONAL REGULATION, )

DIVISION OF REAL ESTATE, )

)

Petitioner, )

)

vs. ) Case No. 97-0039

)

ELAINE M. CARINI, )

)

Respondent. )

)

POST-HEARING ORDER

Pursuant to Rules 60Q-2.024 and 60Q-2.031, Florida Administrative Code, it is ORDERED:

1. That all proposed findings of fact, proposed conclusions of law, and/or legal arguments submitted by any party shall conform to the following requirements.

2. That all proposed findings of fact submitted by a party shall be written in separate consecutively numbered paragraphs.

3. That each paragraph of proposed findings of fact shall be limited as far as is practicable to a single proposed fact or to proposed facts related to a single issue.

4. That proposed findings of fact shall be arranged in a logical order and to the extent practicable proposed findings shall be arranged in the same sequence as the sequence in which the issues appear in the pleadings.

5. That proposed findings shall not be mere summaries of

   the testimony. Rather, the text of the proposed findings shall be a succinct statement of the actual, essential, relevant, and material facts the party seeks to have found by the administrative law judge. The parties shall avoid proposed findings which are subordinate, cumulative, immaterial, irrelevant, or unnecessary.

6. That each proposed finding shall be followed by citation (in parentheses) to the portions of the record which provide the basis for the proposed finding. In cases in which a transcript of the hearing has been prepared, citations to testimony shall refer to pages of the transcript. If no transcript has been prepared, citations to testimony shall identify by name the witness or witnesses whose testimony support the proposed finding and identify by exhibit number any and all exhibits which support the proposed finding.

7. That proposed conclusions of law, proposed recommendations, and legal arguments shall not be commingled with proposed findings of fact, shall be labeled as such, and shall be set forth in a separate section of any document which also contains proposed findings of fact. Similarly, all legal arguments shall be set forth in a separate memorandum of law or in a separate section of any document which also contains proposed findings of fact, provided, however, that argument directly related to the proposed findings of fact (such as argument as to the sufficiency of the evidence, the credibility

   of witnesses, and the resolution of conflicts in the evidence) may be either separately stated or included as footnotes to the proposed findings of fact. Argument on any issue, including issues directly related to the proposed findings of fact, may also be presented in a separate brief or memorandum of law in support of the party's proposed findings of fact and proposed conclusions of law.

8. Proposed Recommended Orders are due 30 days after the date the transcript is filed with the Division of Administrative Hearings.

DONE AND ORDERED this 3rd day of July, 1997, in Tallahassee, Leon County, Florida.

SUSAN B. KIRKLAND

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(904) 488-9675 SUNCOM 278-9675

Fax Filing (904) 921-6847

Filed with the Clerk of the Division of Administrative Hearings this 3rd day of July, 1997.

COPIES FURNISHED:

Daniel Villazon, Esquire Department of Business and

Professional Regulation Division of Real Estate

400 West Robinson Street, Suite N-308 Orlando, Florida 32801-1772

Elaine M. Carini

821 Banyan Drive

West Palm Beach, Florida 33415

Docket for Case No: 97-000039

Orders for Case No: 97-000039