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FIRST OMNI SERVICE CORPORATION AND MODERN, INC. vs ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, 98-001181RU (1998)

Court: Division of Administrative Hearings, Florida Number: 98-001181RU Visitors: 16
Petitioner: FIRST OMNI SERVICE CORPORATION AND MODERN, INC.
Respondent: ST. JOHNS RIVER WATER MANAGEMENT DISTRICT
Judges: DANIEL MANRY
Agency: Water Management Districts
Locations: Melbourne, Florida
Filed: Mar. 09, 1998
Status: Closed
DOAH Final Order on Tuesday, June 15, 1999.

Latest Update: Jun. 06, 2001

Docket for Case No: 98-001181RU
Issue Date Proceedings
Jun. 06, 2001 BY ORDER OF THE COURT: (Appellant`s Notice of Voluntary Dismissal filed June 1, 2001, is approved). filed.
May 25, 2001 BY ORDER OF THE COURT: (sua sponte, that Appellant shall file and show cause within ten day why the appeal should not be dismissed for failure to file an initial brief). filed.
Mar. 27, 2001 Mandate filed.
Mar. 12, 2001 BY ORDER OF THE COURT: (Appellee`s motion filed October 13, 200, for attorney`s fees is denied). filed.
Mar. 08, 2001 Opinion filed.
Jun. 06, 2000 BY ORDER OF THE COURT (Appellant to show cause within 10 days from date of this order why motion to strike should not be granted) filed.
Jun. 06, 2000 BY ORDER OF THE COURT filed.
Mar. 23, 2000 BY ORDER OF THE COURT (cases are consolidated for all purposes in the 1st DCA) filed.
Sep. 30, 1999 Index, Record, Certificate of Record sent out.
Sep. 29, 1999 Payment in the amount of $584.00 for indexing filed.
Sep. 23, 1999 BY ORDER OF THE COURT (appellant`s motion for extension of time is granted) filed.
Sep. 01, 1999 Invoice for Indexing in the amount of $584.00 sent out.
Aug. 06, 1999 Appellant St. Johns River Water Management District`s, Response to Appellees` Motion to Dismiss or , in the Alternative, to Transfer to Appropriate District Court of Appeal filed.
Jul. 21, 1999 Letter to DOAH from DCA filed. DCA Case No. 1999-2651.
Jul. 15, 1999 Notice of Administrative Appeal (filed by petitioner, St. Johns River Water Management) filed.
Jun. 16, 1999 Case(s): 98-000426
Jun. 15, 1999 CASE CLOSED. Final Order sent out. Hearing held 06/01-05 & 08-12/98 and 10/28-29/98.
Jun. 15, 1999 Case(s):98-426RX, 98-427RU, 98-1180RX, 98-1181RU and 98-1182RX Unconsolidated due closing.
Mar. 15, 1999 The Department of Transportation`s Response to Order to Show Cause filed.
Mar. 03, 1999 Order to Show Cause sent out. (parties to respond by 3/15/99 as to why 99-0632RP should/should not be consolidated with group)
Feb. 19, 1999 Letter to Judge Manry from A. Whitehead Re: Enclosing an electronic copy of Modern, Inc. First Omni Service Corp. and other Respondents` Proposed Recommended Order and Proposed Final Order filed.
Feb. 18, 1999 2 Disk with Proposed Recommended Order and Proposed Final Order (Hard copy was filed on 2/12/99) rec`d
Feb. 12, 1999 (M. Trussell) Notice of Limited Adoption of Proposed Final Order and Proposed Recommended Order of St. Johns River Water Management District filed.
Feb. 12, 1999 Proposed Recommended Order of St. Johns River Water Management District (For Judge Signature); Proposed Final Order filed.
Feb. 05, 1999 (S. Bragg) 7 Corrected Pages to Transcript for hearing held on 6/98 rec`d
Feb. 03, 1999 Respondent`s Motion for Official Recognition rec`d
Feb. 01, 1999 Respondent`s Motion for Official Recognition (filed via facsimile).
Jan. 25, 1999 Letter to H. Oven from J. Golden Re: Enclosing SFWMD Draft Agency Report filed.
Dec. 29, 1998 Order sent out. (motion to supplement the record is denied)
Dec. 23, 1998 Respondent`s Memorandum in Opposition to Petitioners` Motion to Supplement the Record With Additional Evidence (filed via facsimile).
Dec. 15, 1998 (A. Whitehead) Motion to Supplement Record With Additional Evidence; SJRWMD Governing Board Rule Workbook Policy Item No. 5 Maintenance Exemptions 12/9/98 filed.
Dec. 14, 1998 Day 1, Volume I; Day 2, Volume I through II Transcript filed.
Dec. 14, 1998 (Petitioner) Notice of Filing; Notice of Proposed Rule filed.
Nov. 05, 1998 Letter to Judge Manry from S. Niego Re: SJRWMD Exhibit No. 12 filed.
Oct. 27, 1998 CASE STATUS: Hearing Held.
Oct. 26, 1998 Respondent`s Exhibit List (filed via facsimile).
Oct. 21, 1998 Respondent`s Motion to Dismiss Unpromulgated Rule Challenge as Moot (filed via facsimile).
Oct. 20, 1998 Order Granting Motion to Amend sent out.
Oct. 19, 1998 (A. Whitehead) Stipulated Motion to Amend Petition filed.
Oct. 16, 1998 Order Granting Motion to Amend; (A. Whitehead, S. Niego, M. Trussell) Stipulated Motion to Amend Petition filed.
Oct. 05, 1998 Petitioner`s Designation of Portions of Record From Prior Proceedings filed.
Sep. 28, 1998 Intervenor`s Designation of Portions of Record from Prior Proceedings filed.
Sep. 25, 1998 Respondent`s Supplemental Designation of Portions of Record from Prior Proceedings (filed via facsimile).
Sep. 23, 1998 (M. Trussell) Notice of Appearance and Substitution of Counsel filed.
Sep. 21, 1998 Amended Petition Seeking Administrative Determination of the Invalidity of Rule 40C-4.051, Fla. Admin. Code filed. (for 98-1182RX)
Sep. 21, 1998 Amended Petition Seeking Administrative Determination of the Invalidity of Policy Statement Dated November 20, 1989 filed. (for 98-0427RU & 98-1181RU)
Sep. 08, 1998 The Petitioners` Modern and First Omni Combined Notice of Intent to Reply Upon Prior Testimony filed.
Sep. 04, 1998 Respondent`s Designation of Portions of Record From Prior Proceedings (filed via facsimile).
Aug. 10, 1998 Transcript of Proceedings, Day 4 Volume 2 
day 6 Volume 1 (tagged, Day 4 Volume 1 Day 8 Volume 1, Day 9 Volume 1, Day 10, Volume 1, filed.
Aug. 10, 1998 Transcript of Proceedings, Day 4 Volume 2 day 6 Volume 1 (tagged, Day 4 Volume 1 Day 8 Volume 1, Day 9 Volume 1, Day 10, Volume 1, filed.
Jul. 29, 1998 Notice of Hearing sent out. (hearing set for Oct. 27-29, 1998; 9:30am; Melbourne)
Jul. 24, 1998 Transcript of Proceedings Day 4 Volume I ; Transcript of Proceedings Day 5 Volume I filed.
Jul. 24, 1998 Transcript of Proceedings Day 1 Volume I ; Transcript of Proceedings Day 2 Volume I & II ; Transcript of Proceedings Day 3 Volume I filed.
Jul. 13, 1998 Petitioners` Combined Response to FDOT`s Motion in Limine as Joined by the District filed.
Jul. 10, 1998 Petitioners Combined Response to FDOT`s Motion in Limine as Joined by the District filed.
Jul. 02, 1998 (SJRWMD) Notice Regarding Prehearing Stipulation (filed via facsimile).
Jun. 30, 1998 Letter to Judge Manry from Nadine Davis (RE: letter of thanks) filed.
Jun. 29, 1998 Department of Transportation`s Motion in Limine filed.
Jun. 26, 1998 Subpoena Duces Tecum (A. Whitehead); Affidavit of Service filed.
Jun. 26, 1998 St. John River Water Management District`s Memorandum Regarding Motion in Limine filed.
Jun. 23, 1998 Notice of Filing St. Johns River Water Management District`s Supplement to Modern`s Exhibit No. 9 (filed via facsimile).
Jun. 22, 1998 Affidavit of Service filed.
Jun. 01, 1998 CASE STATUS: Hearing Partially Held, continued to 6/8/98; 9:30am; Melbourne.
May 29, 1998 Respondent`s Combined, Separate Pre-Hearing Statement (filed via facsimile).
May 29, 1998 Respondent`s Motion in Limine (filed via facsimile).
May 26, 1998 St. Johns River Water Management District`s Motion for Official Recognition; Applicant`s Handbook Management and Storage of Surface Waters filed.
May 22, 1998 St. Johns River Water Management District`s and Department of Transportation`s Prehearing Stipulation (filed via facsimile).
May 18, 1998 Notice of Non-Party, Florida Game and Fresh Water Fish Commission, Compliance With "Notice of Deposition Duces Tecum" filed.
May 18, 1998 (A. Whitehead) Notice of Taking Deposition filed.
May 11, 1998 Respondent`s Reply Regarding Motion to Shorten Discovery Period (filed via facsimile).
May 11, 1998 (SJRWMD) 3/Notice of Taking Deposition Duces Tecum filed.
May 08, 1998 (Petitioner) Response to Motion to Shorten Discovery Period (filed via facsimile).
May 06, 1998 Respondent`s Motion in Limine (filed via facsimile).
May 05, 1998 (William Congdon) Notice of Appearance; (SJRWMD) Motion for More Definite Statement filed.
May 05, 1998 (SJRWMD) Motion to Shorten Discovery Period; (SJRWMD) Notice of Service of Interrogatories filed.
May 01, 1998 Respondents` Combined Response to Motion for Entry of Adjusted Scheduling Order filed.
Apr. 30, 1998 Department of Transportation`s Response to Motion for Entry of Adjusted Scheduling Order (filed via facsimile).
Apr. 27, 1998 Respondents` Combined Response to Motion for Entry of Adjusted Scheduling Order (filed via facsimile).
Apr. 20, 1998 (Petitioner) Motion for Entry of Adjusted Scheduling Order or, Alternatively the Scheduling of a Prehearing Conference (filed via facsimile).
Apr. 13, 1998 First Omni`s Response to Motion for Continuance or, Alternatively, Motion to Strike filed.
Apr. 09, 1998 Order on Pending Motions sent out. (Motion for more definite statement is moot; Motion for summary final Order is denied; ruling reserved on Motion in Limine)
Apr. 08, 1998 Order Granting Consolidation sent out. (97-4389 through 97-4393, 98-0426RX - 98-0427RU, 98-1180RX through 98-1182RX are consolidated) (CN-2812)
Apr. 06, 1998 (Respondent) Motion in Limine to Limit Issues to Those Stated With Specificity in First Omni`s Responses to the District`s Motions for More Definite Statement (filed via facsimile).
Apr. 06, 1998 (Respondent) Motion for Continuance or Alternatively, Motion to Strike (filed via facsimile).
Apr. 06, 1998 (Petitioner) More Definite Statement to Petition Seeking Administrative Determination of the Invalidity of Policy Statement Dated November 20, 1998 filed.
Apr. 06, 1998 (Petitioner) More Definitive Statement to Petition Seeking Administrative Determination of the Invalidity of Rule 40C-4.051, Fla. Admin. Code filed.
Apr. 06, 1998 First Omni`s Response to Motion to Consolidate filed.
Apr. 06, 1998 St. Johns River Water Management District`s Motion for Official Recognition W/tagged attachments filed.
Mar. 19, 1998 Notice of Hearing sent out. (hearing set for 4/13/98; 9:30am; Melbourne)
Mar. 19, 1998 Order of Consolidation sent out. (Consolidated cases are: 98-1180RX, 98-1181RU & 98-1182RX). CONSOLIDATED CASE NO - CN002909
Mar. 19, 1998 St. Johns River Water Management District`s Motion for Summary Final Order (filed via facsimile).
Mar. 18, 1998 (Respondent) Motion for More Definite Statement (filed via facsimile).
Mar. 17, 1998 Respondent`s Motion to Consolidate filed. (Cases requested to be consolidated: 98-1180RU, 98-1181RU, 98-1182RX)
Mar. 16, 1998 Order on Pending Motions sent out. (Hearing reset for June 1-6 & 8-12, 1998; Melbourne; DOT Granted Intervenor Status; Re: Discovery Issues)
Mar. 13, 1998 Order Denying Motion to Sever sent out.
Mar. 13, 1998 Order of Assignment sent out.
Mar. 11, 1998 Letter to Liz Cloud & Carroll Webb from M. Lockard w/cc: Agency General Counsel sent out.
Mar. 10, 1998 (From A. Whitehead) Motion to Sever w/letter filed.
Mar. 09, 1998 Petition Seeking Administrative Determination of the Invalidity of a Policy Statement Dated November 20, 1989 filed.
Mar. 06, 1998 Respondents` Response to Motion for Continuance filed.
Mar. 06, 1998 Department of Transportation`s Response to Motion to Sever filed.
Mar. 06, 1998 (Petitioner) Response to Motion to Sever (filed via facsimile).
Mar. 06, 1998 Letter to Judge Manry from W. Congdon (RE: advising that the District will file pleading by 5:00pm today) (filed via facsimile).
Mar. 05, 1998 (Respondent) Motion to Sever (filed via facsimile).
Mar. 04, 1998 Respondents` Response to FDOT`s Motion to Intervene (filed via facsimile).
Mar. 03, 1998 Department of Transportation`s Petition to Intervene, Motion for Continuance of Final Hearing, Motion for More Definite Statement, and Motion to Dismiss or Strike filed.
Mar. 03, 1998 Petitioner`s Motion to Compel Answers to Deposition Questions; Petitioner`s Motion for Continuance (filed via facsimile).
Mar. 03, 1998 Respondents` Response to Motion for Continuance (filed via facsimile).
Mar. 02, 1998 (From A. Whitehead) Notice of Naming Real Estate Expert Witness filed.
Feb. 27, 1998 Order Compelling Discovery sent out.
Feb. 27, 1998 Order Denying Motion to Join Indispensable Party sent out.
Feb. 27, 1998 Order Granting Consolidation sent out. (97-4389 through 97-4393, 98-0426RX & 98-0427RU are Consolidated) (Pleadings to be Filed in CN-2812; No Longer in CN-02884)
Feb. 27, 1998 Respondent`s Response to Third Motion to Compel Answers to Interrogatory filed.
Feb. 27, 1998 Notice of Service of Supplemental Answers to First Omni Services, Inc. Interrogatory Number 8 to Petitioner St. Johns River Water Management District (filed via facsimile).
Feb. 26, 1998 Petitioner`s Third Motion to Compel Answers to Interrogatory From Respondent, Modern, Inc. (filed via facsimile).
Feb. 24, 1998 Notice of Service of Amended Answers to Respondent Modern, Inc.`s Interrogatories to Petitioner St. Johns River Water Management District (filed via facsimile).
Feb. 24, 1998 Notice of Service of Amended Answers to Respondent First Omni Services Corp.`s Interrogatories to Petitioner St. Johns River Water Management District (filed via facsimile).
Feb. 23, 1998 (Petitioner) Amended Notice of Taking Deposition Duces Tecum; (Petitioner) Notice of Taking Deposition; (Petitioner) Motion to Join Indispensable Party (filed via facsimile).
Feb. 23, 1998 (From A. Whitehead) Amended Notice of Deposition Duces Tecum; Notice of Taking Deposition Duces Tecum of Frank Meeker filed.
Feb. 23, 1998 Modern`s Answer to Interrogatory; Modern`s Notice of Filing Answer to Interrogatory; Amended Notice of Taking Deposition Duces Tecum of Jeffrey Elledge; Notice of Taking Deposition Duces Tecum of Greg Denman filed.
Feb. 23, 1998 (7) (Petitioner) Notice of Taking Deposition Duces Tecum filed.
Feb. 17, 1998 (From A. Whitehead) Notice of Deposition Duces Tecum filed.
Feb. 17, 1998 (From A. Whitehead) Motion to Consolidate Cases (Cases requested to be consolidated: 97-4389, 97-4390, 97-4391, 97-4392, 97-4393, 98-426, 98-427RU) filed.
Feb. 17, 1998 (From A. Whitehead) Response to Amended Motion for Protective Order filed.
Feb. 17, 1998 (Petitioner) Motion Requiring Identification of Issues; Cover Letter (filed via facsimile).
Feb. 17, 1998 (From A. Whitehead) Notice of Deposition Duces Tecum filed.
Feb. 11, 1998 (From A. Whitehead) Amended Notice of Deposition Duces Tecum filed.
Feb. 11, 1998 Letter to Judge Manry from W. Congdon (RE: witness and document list) (filed via facsimile).
Feb. 10, 1998 (Respondent) Motion to Consolidate Cases (filed via facsimile).
Feb. 10, 1998 (Petitioner) 2/Notice of Taking Deposition (filed via facsimile).
Feb. 09, 1998 (From A. Whitehead) Notice of Cancellation of Deposition of Ralph Brown; Respondents` Preliminary Pre-Hearing Compliance filed.
Feb. 06, 1998 (Petitioner) Amended Motion for Protective Order and Motion in Limine (filed via facsimile).
Feb. 06, 1998 (From A. Whitehead) Notice of Deposition Duces Tecum filed.
Feb. 05, 1998 (Petitioner) Amended Certificate of Service (filed via facsimile).
Feb. 05, 1998 (Petitioner) Motion for Protective Order (filed via facsimile).
Feb. 04, 1998 Response of Omni Service Corp.`s Motion to Compel Answers to Interrogatories (filed via facsimile).
Feb. 02, 1998 (Respondent) First Omni`s Motion to Compel Answers to Interrogatories filed.
Jan. 30, 1998 Letter to Judge Manry from A. Whitehead Re: Hearing room location filed.
Jan. 28, 1998 (Modern, Inc.) Order Granting Withdrawal and Substitution of Counsel sent out.
Jan. 26, 1998 Notice of Service of Answers to Respondent First Omni Services Corp.`s Interrogatories to Petitioner St. Johns River Water Management District filed.
Jan. 26, 1998 Notice of Service of Answers to Respondent Modern Inc.`s Interrogatories to Petitioner St. Johns River Water Management District filed.
Jan. 26, 1998 (B. B. Nelson) Response to First Request for Production of Documents filed.
Jan. 16, 1998 (Petitioner) Response to Motion for Reconsideration (filed via facsimile).
Jan. 15, 1998 (Petitioner) Response to Modern Inc.`s Motion to Compel Answers to Interrogatories (filed via facsimile).
Jan. 15, 1998 (From A. Whitehead) Response to First Request for Production of Documents filed.
Jan. 15, 1998 Modern, Inc.`s Motion to Compel Answers to Interrogatories (DOAH Case No. 97-4390) filed.
Jan. 15, 1998 (From A. Whitehead) Motion for Reconsideration of Two Orders Entered on January 8, 1998; Letter to Judge Manry from A. Whitehead Re: Your Orders dated 1/8/98 filed.
Jan. 15, 1998 (From A. Whitehead) Request for Production of Documents; Respondents, Modern, First Omni and B.B. Nelson`s Reply to Motion to Compel Answers to Second Interrogatories filed.
Jan. 09, 1998 Modern, Inc.`s Motion for Withdrawal and Substitution of Counsel filed.
Jan. 08, 1998 (Modern, Inc.) Notice of Service of Interrogatories filed.
Jan. 08, 1998 Order Compelling Discovery sent out.
Jan. 06, 1998 Petitioners First Motion to Compel Answers to Interrogatories From Respondent B.B. Nelson; Petitioners First Motion to Compel Answers to Interrogatories From Respondent First Omni Service Corp., Inc. (filed via facsimile).
Jan. 06, 1998 Petitioner`s Second Motion to Compel Answers to Interrogatories from Respondent Modern Inc. (filed via facsimile).
Jan. 02, 1998 Petitioner St. Johns River Water Management District`s First Request for Production of Documents Upon Respondent, B. B. Nelson filed.
Dec. 31, 1997 (Petitioner) Motion to Compel Answers to Interrogatories From Respondent Hasley Hart filed.
Dec. 22, 1997 (Petitioner) Motion to Compel Answers to Interrogatory from Respondent, Modern, Inc.; (SJRWMD) Motion for Entry of a Scheduling Order or, Alternatively, the Scheduling of a Prehearing Conference filed.
Dec. 15, 1997 Petitioner St. Johns River Water Management District`s First Request for Production of Documents Upon Respondent, First Omni Services Corp. filed.
Dec. 15, 1997 Petitioner St. Johns River Water Management District`s First Request for Production of Documents Upon Respondent, Modern, Inc. filed.
Dec. 09, 1997 Amended Notice of Hearing (Location Only) sent out. (hearing set for March 9-20, 1998; 9:30am; Melbourne)
Nov. 21, 1997 St. Johns River Water Management District`s First Interrogatories to Respondent Modern, Inc. (filed via facsimile).
Nov. 21, 1997 (Respondent) Notice of Service of Objection to Petitioner`s First Interrogatories to Respondent, Modern, Inc. (filed via facsimile).
Nov. 07, 1997 Order sent out. (Respondent`s objection to Petitioner`s Motion to consolidate is denied)
Nov. 07, 1997 Order sent out. (Motion for reduction of Time for objection to interrogatory is denied)
Oct. 31, 1997 (Respondent) Response to Motion for Reduction of Time for Objection to Interrogatory filed.
Oct. 31, 1997 (4) Notice of Service of Petitioner`s First Interrogatories to Respondent filed.
Oct. 31, 1997 (Cont) Response to St. Johns River Water Management District`s Reply to Modern`s Response to Motion to Consolidate filed.
Oct. 31, 1997 Order Granting Consolidation; Motion to Consolidate Cases; Response to Motion to Consolidate Cases; Respondents` Combined Response to Motion to Consolidate Filed by St. Johns; Reply to Modern`s Response to Motion to Consolidate filed.
Aug. 31, 1997 Index sent out.

Orders for Case No: 98-001181RU
Issue Date Document Summary
Mar. 08, 2001 Opinion
Mar. 08, 2001 Mandate
Source:  Florida - Division of Administrative Hearings

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