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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD vs EDWIN A. HENRY, 98-000011 (1998)

Court: Division of Administrative Hearings, Florida Number: 98-000011 Visitors: 4
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: EDWIN A. HENRY
Judges: DIANE CLEAVINGER
Agency: Department of Business and Professional Regulation
Locations: Pensacola, Florida
Filed: Jan. 05, 1998
Status: Closed
Recommended Order on Wednesday, January 19, 2000.

Latest Update: Jul. 15, 2004
Summary: Evidence did not show that Respondent knowingly violated the building code or knew about any negligence or failed to supervise construction. Petitioner showed the Respondent hired qualified supervisors and subcontractors.
i-19-0D STATE OF FLORIDA CONSTRUCTION INDUSTRY LICENSING BOARD Final Order No. BPR-2000-02100 Date: 5-2 “0D FILED DEPARTMENT OF BUSINESS AND Department of Business and Professional Regulation PROFESSIONAL REGULATION, ; AGENCY CLERK Sarah Wachman, Agency Clerk Petitioner, P. ” L / ‘ J By: i, y 1 bd -VS- CASE NO.: 96-02623, 96-16986, 97-08557 & 97-12360 - 97-4845 & 98-0011 EDWIN A. HENRY, Respondent THIS MATTER came before the Construction Industry Licensing Board (hereinafter referred to as the “Board”) pursuant to Section 120.57(1}{I), F.S., on March 9, 2000, in Orlando, Florida, for consideration of the Recommended Order (a copy of which is attached hereto and incorporated herein by reference) issued by the Administrative Law Judge in the above styled case. The Petitioner was represented by Cate O’Dowd, Esq. The Respondent was present and represented by Gregory D. Smith, Esq. at the Board meeting. Upon consideration of the Administrative Law Judge’s Recommended Order and the arguments of the parties and after a review of the complete record in this matter, the Board makes the following findings: FINDINGS OF FACT 1. The Administrative Law Judge’s Findings of Fact are hereby approved and adopted and incorporated herein by reference. 2. There is clear and convincing evidence to support the Administrative Law Judge's Findings of Fact. CONCLUSIONS OF LAW 1. The Board has jurisdiction of this matter pursuant to the provisions of Section 120.57(1), and Chapter 489, Florida Statutes. 2. The Administrative Law Judge’s Conclusions of Law, are hereby approved and adopted in toto and incorporated herein by reference. 3. There is clear and convincing evidence to support the Board’s findings and conclusions. THEREFORE, IT 1S ORDERED AND ADJUDGED: That the Respondent is found NOT GUILTY of any of the counts in either of the Administrative Complaints. Pursuant to Section 120.68, Florida Statutes, the Parties are hereby notified that they may appeal this Order by filing an original Notice of Appeal with the Clerk of The Department of Business and Professional Regulation, Northwood Centre, 1940 N. Monroe Street, Tallahassee, Florida 32399-0792, and by filing the filing fee and one copy of the Notice of Appeal with the District Court of Appeal within thirty (30) days of the effective date of this Order. This Order shall become effective upon filing with the clerk of the Department of Business and Professional Regulation. ff / DONE AND ORDERED this {J day ot a , 2000. RICHARD T. COWART, Chai Construction Industry Licensing Board CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been provided by U.S. Mail to: Edwin A. Henry, 4229 Highway 90. Pace, Florida 32571, Neil H. Butler, Esq., Butler & Dudley, 310 East College Avenue, Tallahassee, Florida 32301, Gregory D. Smith, Esq., 201 South Baylen Street, Suite A, Pensacola, Florida 32501 and by hand delivery/United States Mail to the Construction Industry Licensing Board, 7960 Arlington Expressway, Suite 300, Jacksonville, Florida 32211-7467, and to Cate O’Dowd, Esq., Lead Attorney, Office of the General Counsel, 1940 North Monroe Street, Suite 60, Tallahassee, Florida 32399-2202, on or before 5:00 p.m., this 26 day of Peay. 2000. Nickle iJ

Docket for Case No: 98-000011
Issue Date Proceedings
Jul. 15, 2004 Final Order filed.
Jul. 15, 2004 Amended Final Order filed.
Jun. 07, 2000 Order sent out. (Motion for Attorney`s Fees and Costs denied)
Jan. 19, 2000 Recommended Order sent out. CASE CLOSED. Hearing held August 24-26, 1998; January 19-22 and 27-29, 1999.
Nov. 29, 1999 Petitioner`s Objection to Respondent`s Motions for Attorneys` Fees filed.
Oct. 18, 1999 (N. Butler) Certificate of Service filed.
Oct. 14, 1999 Supplemental Findings of Fact filed.
Oct. 14, 1999 (G. Smith) Motion for Attorney`s Fees and Costs (for case no. 97-4845 & 98-11; Petitioner`s Proposed Recommended Order filed.
Oct. 14, 1999 (N. Butler) Proposed Recommended Order (for Judge Signature) w/cover letter; Disk filed.
Aug. 30, 1999 Order sent out. (parties shall submit proposed recommended orders no later than 10/14/99)
Aug. 10, 1999 Letter to Judge Cleavinger from N. Butler Re: Mediation Agreement (filed via facsimile).
Jun. 11, 1999 Order Granting Continuance sent out. (hearing cancelled, parties to advise status within 90 days from the date of this order) 09/11/1999)
Jun. 04, 1999 Joint Status Report filed.
Jun. 01, 1999 Faxed copy (from H. Hornsby) of letter to Okaloosa County Planning and Inspection Department from H. Hornsby filed.
May 24, 1999 Amended Notice of Hearing sent out. (hearing set for 6/28/99)
Apr. 27, 1999 Order Granting Continuance sent out. (hearing cancelled, parties to advise status by 06/05/1999)
Apr. 05, 1999 Order Granting Joint Stipulation for Continuance sent out. (parties shall file status report no later than 60 days from the date of this order)
Mar. 31, 1999 Joint Stipulation for Continuance Regarding the Proposed Recommended Orders w/cover letter filed.
Mar. 22, 1999 Order Granting Motion to Withdraw sent out. (for Petitioner)
Mar. 17, 1999 Letter to Judge Cleavinger from N. Butler Re: Retrieving photographs (filed via facsimile).
Mar. 17, 1999 (Petitioner) (2) Motion to Withdraw as Counsel of Record filed.
Feb. 26, 1999 (8 Volumes) Transcript filed.
Jan. 27, 1999 Letter to G. Smith from D. McGee (RE: Henry Co. Homes Plan Book) (filed via facsimile).
Jan. 25, 1999 D. McGee) Subpoena Duces Tecum (filed via facsimile).
Jan. 19, 1999 CASE STATUS: Hearing Held.
Jan. 19, 1999 (Respondent) Motion to Compel for Sanctions and to Exclude rec`d
Jan. 19, 1999 (Respondent) Motion for Clarification of Order of Denying Amended and Restated Motion for Protective Order With Respect to Unemployment Tax Returns rec`d
Jan. 19, 1999 (2) Subpoena Duces Tecum, Frank B. Abbott, James O. Power (filed via facsimile).
Jan. 19, 1999 Letter to G. Smith from D. McGee (RE: reports to be added to Exhibit list) (filed via facsimile).
Jan. 19, 1999 (Petitioner) Motion for Sanctions for Failure to Comply With Courts Order Regarding Discovery (filed via facsimile).
Jan. 15, 1999 (Respondent) Subpoena Duces Tecum filed.
Jan. 15, 1999 Standard Building Code 1994 Edition w/cover letter rec`d
Jan. 15, 1999 (Respondent) Subpoena Duces Tecum filed.
Jan. 14, 1999 Letter to N. Butler from D. McGee (RE: response to letter concerning protection of discovery documents) (filed via facsimile).
Jan. 14, 1999 (D. McGee) Affidavit of Service; (D. McGee) Subpoena Duces Tecum (filed via facsimile).
Jan. 14, 1999 Letter to G. Smith from D. McGee (RE: request for documents) (filed via facsimile).
Jan. 13, 1999 Letter to G. Smith from D. McGee (RE: transmittal of documents to be added to Exhibit list) (filed via facsimile).
Jan. 12, 1999 Standard Building Code -1991 Edition; Oakland County Land Development Code-Ordinance No. 91-1 (94-29); Oakland County Land Development Code-Ordinance No. 91-1 (effective 05/01/98) filed.
Jan. 11, 1999 (Petitioner) Amended Notice of Taking Deposition Duces Tecum (3) (filed via facsimile).
Jan. 11, 1999 Petitioner`s Notice of Filing; Cover Letter (filed via facsimile).
Jan. 11, 1999 (Respondent) Motion to Dismiss Counts I, II, III and IV With Respect to 1255 Shipley Drive (The Anthony Residence) filed.
Jan. 08, 1999 (Respondent) Motion to Dismiss Counts I, II, III and IV With Respect to 1255 Shipley Drive (The Anthony Residence) filed.
Jan. 08, 1999 (Petitioner) Amended Notice of Taking Deposition (2) (filed via facsimile).
Jan. 06, 1999 (Petitioner) Notice of Taking Deposition (filed via facsimile).
Oct. 20, 1998 Petitioner`s Response for the Record in Opposition to Respondent`s Motion to Dismiss Counts V Through XVI of the Administrative Complaint (Relating to the Janecki and Preble Residences and All the Properties in Santa Rosa County) filed.
Sep. 08, 1998 Opinion & Mandate for the Petition for Review of Non-Final Administrative Action (Denied) filed.
Sep. 01, 1998 Letter to DOAH from DCA filed. DCA Case No. 1-98-3231.
Aug. 28, 1998 Order Designating Location of Hearing sent out. (hearing set for Jan. 19-29, 1999; 12:00pm; Pensacola)
Aug. 28, 1998 Letter to D. McGee from N. Butler, G. Smith Re: Documents pursuant to Judge Cleavinger`s Order filed.
Aug. 28, 1998 Petition for Review of Non-Final Administrative Action, Appendix (Petitioner) filed.
Aug. 24, 1998 CASE STATUS: Hearing Partially Held, continued to Jan. 19-29, 1999; 10:00am.
Aug. 24, 1998 Order Denying Petitioner`s Motion for Consolidation sent out.
Aug. 24, 1998 Order Denying Motion for Determination of Qualification of Witnesses sent out.
Aug. 24, 1998 Order Granting Motion to Dismiss Counts V Through XVI of the Administrative Complaint (Relating to the Janecki and Preble Residences and All the Properties in Santa Rosa County) sent out.
Aug. 21, 1998 (G. Smith) Response to Petitioner`s Motion for Continuance filed.
Aug. 21, 1998 Petitioner`s Notice of Filing (filed via facsimile).
Aug. 21, 1998 (Petitioner) Notice of Hearing (filed via facsimile).
Aug. 20, 1998 Deposition of Howard Earl Elliott ; Exhibits Deposition of Hoard Earl Elliott ; Exhibits Deposition of Bobby L. Bledsoe ; Deposition of Bobby L. Bledsoe w/cover letter (ALL DEPOSITIONS ARE COPIES)filed.
Aug. 20, 1998 Deposition of Marcella Winter ; Deposition of G. W. Harrell, Esq. ; Volume I Deposition of William G. Reeves, Esq. ; Volume II Deposition of William G. Reeves, Esq. filed.
Aug. 20, 1998 (D. McGee) Notice of Taking Depositions filed.
Aug. 19, 1998 Petitioner`s Motion and Request for Official Recognition filed.
Aug. 19, 1998 Petitioner`s Motion for Protective Order; Petitioner Response to Respondent`s Motion for Protective Order as to the Taking of the Deposition of Edwin Henry and Other Relief filed.
Aug. 18, 1998 Petitioner Response to Respondents Motion for Protective Order as to the Taking of the Deposition of Edwin Henry and Other Relief (filed via facsimile).
Aug. 18, 1998 Petitioner`s Motion and Request for Official Recognition (filed via facsimile).
Aug. 18, 1998 Petitioner`s Motion for Continuance (filed via facsimile).
Aug. 18, 1998 Subpoena Duces Tecum (D. McGee) filed.
Aug. 17, 1998 (Petitioner) Notice of Taking Deposition filed.
Aug. 17, 1998 (Petitioner) Notice of Taking Deposition; Subpoena Duces Tecum filed.
Aug. 17, 1998 (Respondent) Motion for Determination of Qualification of Witnesses filed.
Aug. 17, 1998 Petitioner`s Motion for Protective Order (filed via facsimile).
Aug. 17, 1998 (N. Butler) Notice of Taking Deposition filed.
Aug. 14, 1998 Letter to Judge Cleavinger from G. Asbell Re: Respondent`s Amended and Re-stated Motion to Compel and for Sanctions; Investigative Deposition Transcripts filed.
Aug. 14, 1998 (G. Smith) Motion to Dismiss Counts V Through XVI of the Administrative Complaint (Relating to the Janecki and Preble Residences and All the Properties in Santa Rosa County) filed.
Aug. 13, 1998 (G. Smith) Notice of Taking Deposition (for case nos. 97-4845, 98-11) (filed via facsimile).
Aug. 12, 1998 (Petitioner) (3) Notice of Taking Depositions filed.
Aug. 12, 1998 (Petitioner) (3) Notice of Taking Depositions filed.
Aug. 07, 1998 Petitioner`s Motion for Consolidation (Cases requested to be consolidated: 98-3214, 97-4845, 98-11) filed.
Aug. 07, 1998 (G. Smith) Amended Notice of Taking Deposition; Cross-Notice of Taking Deposition (for case nos. 97-4845 & 98-11) filed.
Aug. 06, 1998 (Petitioner) Notice of Taking Depositions filed.
Aug. 06, 1998 Motion to Dismiss Counts V Through XVI of the Administrative Complaint (Relating to the Janecki and Preble Residences and All the Properties in Santa Rosa County); Exhibits; Notice of Hearing (8/10/98; 2:00 p.m.) filed.
Aug. 06, 1998 Amended and Restated Motion to Compel for Sanctions, and for Other Relief With Respect to Investigative Efforts Which Address the Issues Raised in the Administrative Complaint (for Case nos. 97-4845 & 98-11) filed.
Aug. 06, 1998 Motion for Protective Order as to the Taking of the Deposition of Edwin Henry and Other Relief in Connection With Any Subsequent Testimony Which He May Wish to Give at the Final Hearing in This Matter (for Case Nos. 97-4845 & 98-11) filed.
Aug. 06, 1998 Elaine Brantley`s calendar redacted and original copy of her calendar in its original version (Requesting documents be kept ("IN CAMERA" filed.
Aug. 05, 1998 Investigative Deposition of Bryan K. Swindell ; Deposition of Brian Swindell filed.
Aug. 05, 1998 Amended and Restated Motion to Compel, for Sanctions, and for Other Relief With Respect to Investigative Efforts Which Address the Issues Raised in the Administrative Complaint (Unsigned)filed.
Aug. 03, 1998 (Pamela Dee Elliott) Affidavit (filed via facsimile).
Aug. 03, 1998 (G. Smith) (4) Notice of Taking Deposition filed.
Jul. 31, 1998 (Petitioner) Notice of Hearing (filed via facsimile).
Jul. 31, 1998 (Petitioner) Expedited Motion for Protective Order, Sanctions, and Costs filed.
Jul. 31, 1998 (Petitioner) Notice of Hearing (filed via facsimile).
Jul. 30, 1998 Order Denying Amended and Restated Motion for Protective Order With Respect to Unemployment Tax Returns sent out.
Jul. 30, 1998 Deposition of Brian Swindell ; (2) Notice of Filing (for case nos. 97-4845 & 98-11) filed.
Jul. 30, 1998 (Respondent) Motion to Compel the Production of Elaine Brantley`s Calendar, Without Red actions, or Alternatively, for an Inspection of the Same in Camera (for case nos. 97-4845 or 98-11) filed.
Jul. 30, 1998 (Respondent) Amended and Restated Motion to Compel, for Sanctions, and for Other Relief With Respect to Investigative Efforts Which Address the Issues Raised in the Administrative Complaint (for case nos. 97-4845 & 98-11) filed.
Jul. 30, 1998 (G. Smith) Motion to Compel as to Items and Materials Withheld on the Basis of Alleged Work-Product and Confidentiality Privileges, to Determine Inapplicability of Same, and for Sanctions (for case nos. 97-4845 & 98-11) filed.
Jul. 30, 1998 (Respondent) Amended Notice of Hearing filed.
Jul. 28, 1998 (2) (Respondent) Amended and Restated Motion for Protective Order With Respect to Unemployment Tax Returns (for case nos. 97-4845 & 98-11) filed.
Jul. 28, 1998 (2) Emergency Motion to Compel and for Sanctions With Respect to the Depositions of DBPR Investigators and Employees (for case nos. 97-4845 & 98-11) filed.
Jul. 28, 1998 (Respondent) Notice of Hearing filed.
Jul. 28, 1998 (Respondent) Notice of Hearing filed.
Jul. 28, 1998 Order Denying Motion for Protective Order sent out.
Jul. 28, 1998 (Respondent) Notice of Hearing filed.
Jul. 27, 1998 (Petitioner) (3) Notice of Taking Depositions filed.
Jul. 27, 1998 Order sent out. (Motion to quash is granted & Deposition reset for 7/30/98; Motion for attorneys` fees is denied)
Jul. 20, 1998 (G. Smith) Motion for Protective Order; Notice of Service of Witness Interrogatories filed.
Jul. 20, 1998 (2) Notice of Service of Supplemental Answers to Petitioner`s Interrogatories; Supplemental Response to Petitioner`s Request for Production (for case nos. 97-4845 & 98-11) filed.
Jul. 20, 1998 Letter to Judge Cleavinger from G. Smith Re: Emergency Motion to Quash Subpoena Duces Tecum of Martin C. Riley, and for Protective Order (filed via facsimile).
Jul. 20, 1998 Order Granting Motion to Extend Time to Respond to Discovery sent out.
Jul. 17, 1998 (T. Atkinson) Notice of Telephonic Hearing (7/20/98; 11:00 a.m.) (filed via facsimile).
Jul. 17, 1998 (T. Atkinson) Emergency Motion to Quash Subpoena Duces Tecum of Martin C. Riley, and for Protective Order filed.
Jul. 15, 1998 (Respondent) 3/Notice of Taking Depositions; Cover Letter (filed via facsimile).
Jul. 15, 1998 First DCA Case No. 1-98-2578, Writ of Review of Non-Final Order filed.
Jul. 15, 1998 (Respondent) Notice of Taking Depositions; Cover Letter (filed via facsimile).
Jul. 13, 1998 (J. Forgione) Withdrawal of Counsel (filed via facsimile).
Jul. 13, 1998 (Respondent) Motion to Extend Time to Respond to Discovery (filed via facsimile).
Jul. 13, 1998 (Respondent) Motion to Extend Time to Respond to Discovery; Cover Letter (filed via facsimile).
Jul. 10, 1998 Petition for Review of Non-Final Orders filed.
Jul. 09, 1998 Amended Notice of Hearing sent out. (hearing set for Aug. 24-31, 1998; 12:00pm; Pensacola)
Jul. 06, 1998 Petitioner`s Amended Response to Respondent`s First Request for Admissions; Petitioner`s Response to Respondent`s First Set of Interrogatories to Petitioner filed.
Jun. 24, 1998 Petitioner`s Response in Opposition to Respondent`s Motion to Dismiss Counts IX, X, XI and XII of the Administrative Complaint (Relating to the McLean Residence) filed.
Jun. 24, 1998 Petitioner`s Response in Opposition to Respondent`s Motion to Compel and for Sanctions filed.
Jun. 24, 1998 (J. Forgione) Notice of Filing (filed via facsimile).
Jun. 22, 1998 Order Granting Continuance and Requiring Report sent out. (6/22/98 hearing cancelled; parties to file status report within 90 days)
Jun. 22, 1998 Order Granting Petitioner`s Motion to Compel Discovery sent out.
Jun. 22, 1998 Order Denying Petitioner`s Motion for Sanctions sent out.
Jun. 22, 1998 Order Denying Motion in Limine sent out.
Jun. 22, 1998 Order Denying Respondent`s Motion to Dismiss Based on Prosecutorial Misconduct sent out.
Jun. 22, 1998 Order Granting Motion to Dismiss With Respect to the Non-Existent Parcel of the Real Property sent out.
Jun. 22, 1998 Order Denying Motion to Abate With Respect to Counts IX Through XVI of the Administrative Complaint (Relating to the Tiger Lake and Janecki Properties) sent out.
Jun. 22, 1998 Order Denying Motion to Abate With Respect to Counts I Through IV and XIII Through XVI of the Administrative Complaint (Relating to the Anthony and Preble Properties) sent out.
Jun. 22, 1998 Order Denying Motion to Dismiss to All Unoccupied Properties (Except Tiger Lake Townhomes) sent out.
Jun. 22, 1998 Order Granting Motion to Dismiss Counts IX, X, XI, and XII of the Administrative Complaint (Relating to the McLean Residence) sent out.
Jun. 22, 1998 Order Denying Motion to Abate With Respect to Counts I, II, III, and IV of the Administrative Complaint (Relating to the Hornsby Property) sent out.
Jun. 22, 1998 (Respondent) 2/Amended Notice of Taking Depositions filed.
Jun. 15, 1998 (Petitioner) Motion to Continue Final Hearing (filed via facsimile).
Jun. 15, 1998 Petitioner`s Motion to Compel Discovery; Petitioner`s Motion for Sanctions (filed via facsimile).
Jun. 12, 1998 Order Denying Motion for Clarification sent out.
Jun. 12, 1998 Petitioner`s Response in Opposition to Respondent`s Motion in Limine (filed via facsimile).
Jun. 12, 1998 Petitioner`s Response in Opposition to Motion to Dismiss as to All Unoccupied Properties (Except Tiger Lake Townhomes) (filed via facsimile).
Jun. 12, 1998 Petitioner`s Response in Opposition to Respondent`s Motion to Dismiss Based on Prosecutorial Misconduct (filed via facsimile).
Jun. 12, 1998 (Respondent) (2) Motion to Compel Deposition of Joe Forgione, for Sanctions, and for Other Relief filed.
Jun. 12, 1998 (Respondent) motion to Abate With Respect to Counts IX Through XVI of the Administrative Complaint (Relating to the Tiger Lake and Janecki Properties); Amended Notice of Hearing (for Case No. 98-11) filed.
Jun. 12, 1998 (Respondent) Motion to Abate With Respect to Counts I Through IV and XIII Through XVI of the Administrative Complaint (Relating to the Anthony and Preble Properties) (for Case No. 98-11) filed.
Jun. 12, 1998 (Respondent) Motion to Abate With Respect to Counts I, II, III, and IV of the Administrative Complaint (Relating to the Hornsby Property) filed.
Jun. 12, 1998 (Respondent) Motion to Dismiss Counts IX, X, XI, and XII of the Administrative Complaint (Relating to the McLean Residence) filed.
Jun. 12, 1998 Letter to Judge Cleavinger from G. Smith Re: Case Law for hearing on 6/15/98; Case Law filed.
Jun. 12, 1998 (G. Smith) Notice of Hearing filed.
Jun. 11, 1998 (Petitioner) Motion for Clarification on Order Granting Motion to Determine Non-Applicability of Privilege, to Compel and for Sanctions (filed via facsimile).
Jun. 11, 1998 (Sharon Regan) Petition for Protective Order and Instructions, Motion to Terminate or Limit Examination (filed via facsimile).
Jun. 10, 1998 Order Denying Motion to Dismiss Counts II, III, IV, VI, VII, X, XI, and XII of the Administrative Complaint sent out.
Jun. 10, 1998 Order Granting Motion to Determine Non-Applicability of Privilege, to Compel, and for Sanctions sent out.
Jun. 10, 1998 Order Granting Motion to Compel Responses to Discovery sent out.
Jun. 10, 1998 Order Denying Motion on Protective Order and Objection to Respondent`s Interrogatory to Petitioner sent out.
Jun. 10, 1998 Subpoena Duces Tecum (N. Butler); Return of Service Affidavit filed.
Jun. 10, 1998 Petitioner`s Response on Respondent`s Motion to Determine Non-Applicability of Privilege, to Compel, and for Sanctions filed.
Jun. 08, 1998 (Joe Forgione) Motion for Partial Protective Order; Partial Protective Order (for judge signature) (filed via facsimile).
Jun. 04, 1998 (Respondent) Motion to Dismiss Bases on Prosecutorial Misconduct; (Respondent) Motion to Dismiss With Respect to the Non-Existent Parcel of Real Property; (Respondent) Motion to Dismiss as to All Unoccupied Properties (Except Tiger Lake Townhomes) re
Jun. 04, 1998 (Respondent) Motion in Limine; (Respondent) Motion to Compel and for Sanctions; (Respondent) Motion to Determine Non-Applicability of Privilege, to Compel and for Sanctions; (Respondent) Notice of Hearing filed.
Jun. 04, 1998 (Respondent) Notice of Filing; Deposition of Thomas Bishop filed.
Jun. 03, 1998 (Respondent) Motion to Reschedule Hearing Scheduled for June 3, 1998 (filed via facsimile).
Jun. 02, 1998 (N. Butler) Notice of Taking Deposition Duces Tecum filed.
Jun. 01, 1998 (G. Smith) (4) Notice of Taking Deposition; (4) Notice of Taking Depositions filed.
Jun. 01, 1998 Notice of Hearing (from Gregory Smith) filed.
May 27, 1998 (S. Regan) Statement of Witness Unavailability (filed via facsimile).
May 18, 1998 (From C. Wiggins, D. McGee) (2) Notice of Appearance filed.
May 18, 1998 (Petitioner) Notice of Substitution (filed via facsimile).
May 11, 1998 Letter to J. Williams from Marisha Brisby (RE: response to Notice of hearing) filed.
May 01, 1998 (Petitioner) Notice of Hearing (filed via facsimile).
Apr. 27, 1998 (Sharon Regan) Objection to Subpoenas for Deposition filed.
Apr. 23, 1998 Motion to Quash Subpoena and/or Motion for Protective Order filed.
Apr. 23, 1998 (Joe Forgione) Objection to Subpoenas for Deposition (filed via facsimile).
Apr. 23, 1998 Petitioner`s Motion to Compel Discovery; Petitioner`s Motion for Sanctions (filed via facsimile)
Apr. 21, 1998 (C. Golden) Motion to Quash Subpoena and/or Motion for Protective Order (filed via facsimile).
Apr. 21, 1998 (Respondent) Motion to Quash Subpoena (filed via facsimile).
Apr. 16, 1998 (Respondent) 4/Notice of Taking Deposition Duces Tecum filed.
Apr. 16, 1998 (Respondent) 4/Notice of Taking Deposition filed.
Apr. 16, 1998 (Respondent) Subpoena Duces Tecum filed.
Apr. 07, 1998 (Respondent) 2/Notice of Service of Answers to Interrogatories; (Respondent) 2/Response to Request for Production filed.
Apr. 03, 1998 (Respondent) Response to Petitioner`s First Request for Admissions filed.
Mar. 31, 1998 Order Granting Continuance and Rescheduling Hearing sent out. (hearing reset for June 22-29, 1998; 12:00pm; Pensacola)
Mar. 30, 1998 (Respondent) 4/Notice of Taking Deposition Duces Tecum filed.
Mar. 30, 1998 (Respondent) 4/Notice of Taking Deposition Duces Tecum filed.
Mar. 19, 1998 Respondent`s Motion for Continuance of Final Hearing filed.
Mar. 10, 1998 Order on Motion to Dismiss Counts II, III, IV, VI, VII, X, XI and XII of the Administrative Complaint (for judge signature, tagged); Cover Letter filed.
Mar. 10, 1998 Order on Motion to Compel Responses to Discovery (for judge signature/tagged) Order on Motion for Protective Order and Objection to Respondent`s Interrogatory to Petitioner (for judge signature/tagged) filed.
Mar. 09, 1998 Copy of ordinance 90-4 filed.
Mar. 05, 1998 Letter to Judge Cleavinger from N. Butler Re: Original version of Rule 61G4-20.001, current version of Rule 61G4-20.001; Escambia County local competency board ordinance; Minutes of competency board meeting which B. Campbell`s house was reviewed (Tagged
Mar. 02, 1998 Petitioner`s Response to Respondent`s First Request for Admissions; Request for Admissions filed.
Mar. 02, 1998 (From N. Butler) Memorandum of Law in Support of Respondent`s Motion to Compel Discovery; Case Law filed.
Mar. 02, 1998 Notice of Serving Petitioner`s First Set of Request for Admissions, Request for Production of Documents, and Interrogatories to Respondent (filed via facsimile).
Mar. 02, 1998 Notice of Serving Petitioner`s First Set of Request for Admissions, Request for Admissions, Request for Production of Documents and Interrogatories to Respondent (filed via facsimile).
Feb. 26, 1998 (Respondent) Motion to Compel Responses to Discovery filed.
Feb. 26, 1998 (Respondent) Notice of Hearing filed.
Feb. 25, 1998 (John Williams) Notice of Appearance (filed via facsimile).
Feb. 24, 1998 (John O. Williams) Notice of Appearance (filed via facsimile).
Feb. 24, 1998 (2) Subpoena Duces Tecum (from N. Butler); (2) Affidavit of Service filed.
Feb. 20, 1998 Emergency Motion to Quash Subpoena Duces Tecum of Hayward Hornsby; Cover Letter filed.
Feb. 17, 1998 Petitioner`s Motion to Strike Respondent`s Motion to Dismiss Counts II, III, IV, VI, VII, VIII, X, XI and XII of the Administrative Complaint filed.
Feb. 17, 1998 Petitioner`s Motion to Strike Respondent`s Motion to Dismiss Counts V, VI, VII, and VIII of the Administrative Complaint filed.
Feb. 17, 1998 Emergency Motion to Quash Subpoena Duces Tecum of Hayward Hornsby; Cover Letter (filed via facsimile).
Feb. 16, 1998 Petitioner`s Amended Response to Respondent`s Request for Production of Documents filed.
Feb. 13, 1998 Order on Motion to Enter Upon Land for Inspection sent out. (Granted)
Feb. 13, 1998 Petitioner`s Response to Respondent`s Request for Production of Documents filed.
Feb. 13, 1998 Petitioner`s Motion for Protective Order and Objection to Respondent`s First Interrogatory to Petitioner (filed via facsimile).
Feb. 13, 1998 Petitioner`s Response to Respondent`s First Request for Admissions (filed via facsimile).
Feb. 09, 1998 (From G. Smith) (2) Notice of Cancellation of Depositions Duces Tecum filed.
Feb. 06, 1998 (Respondent) Motion to Dismiss Counts II, III, IV, VI, VII, VIII, X, XI and XII of the Administrative Complaint filed.
Feb. 06, 1998 Order on Motion to Enter Upon Land for Inspection (for Judge Signature); (From N. Butler) Motion to Dismiss Counts V, VI, VII and VIII of the Administrative Complaint filed.
Feb. 05, 1998 Order of Consolidation sent out. (Consolidated cases are: 97-4845 & 98-0011) . CONSOLIDATED CASE NO - CN002883
Jan. 29, 1998 (From G. Smith) (2) Notice of Taking Deposition Duces Tecum; (2) Notice of Taking Deposition Duces Tecum filed.
Jan. 22, 1998 Petitioner`s Response to Initial Order filed.
Jan. 20, 1998 Respondent`s Response to the Initial Order filed.
Jan. 13, 1998 (From N. Butler) Notice of Appearance filed.
Jan. 07, 1998 Initial Order issued.
Jan. 05, 1998 Answer; Agency Referral letter; Administrative Complaint; Election of Rights filed.

Orders for Case No: 98-000011
Issue Date Document Summary
Jun. 13, 2000 Agency Final Order
May 17, 2000 Agency Final Order
Jan. 19, 2000 Recommended Order Evidence did not show that Respondent knowingly violated the building code or knew about any negligence or failed to supervise construction. Petitioner showed the Respondent hired qualified supervisors and subcontractors.
Source:  Florida - Division of Administrative Hearings

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