Petitioner: UNITED WISCONSIN LIFE INSURANCE COMPANY
Respondent: DEPARTMENT OF INSURANCE
Judges: DON W. DAVIS
Agency: Department of Financial Services
Locations: Tallahassee, Florida
Filed: Jun. 13, 2001
Status: Closed
DOAH Final Order on Tuesday, December 2, 2003.
Latest Update: Jul. 14, 2004
Summary: This cause came on for consideration on Respondent's Motion for Summary Final Order filed in this cause on November 3, 2003.Petitioner attempted to recover fees and costs on the basis of "bad faith" by the Agency who mistakenly cited Section 120.569(2)(e), Florida Statutes, as authority. Petitioner is not entitled to fees and costs under the statutory provision cited.
01-2398STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
UNITED WISCONSIN LIFE INSURANCE ) COMPANY, )
)
Petitioner, )
)
vs. )
)
DEPARTMENT OF INSURANCE, )
)
Respondent. )
Case No. 01-2398F
)
SUMMARY FINAL ORDER
This cause came on for consideration on Respondent's Motion for Summary Final Order filed in this cause on November 3, 2003.
Upon examination of the file in this case, and being otherwise advised in the premises, it is ordered that because Petitioner's motion for attorney's fees and costs relies exclusively on Section 120.569(2)(e), Florida Statutes, the motion must be, and is, denied.
As a matter of law, Petitioner is not entitled to the relief requested. Respondent's Motion for Summary Final Order is granted, further proceedings are dismissed, and the file of the Division of Administrative Hearings in this case closed.
DONE AND ORDERED this 2nd day of December, 2003, in Tallahassee, Leon County, Florida.
S
DON W. DAVIS
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 www.doah.state.fl.us
Filed with the Clerk of the Division of Administrative Hearings this 2nd day of December, 2003.
COPIES FURNISHED:
Michael H. Davidson, Esquire Department of Financial Services 612 Larson Building
200 East Gaines Street Tallahassee, Florida 32399-0333
John Radey, Esquire
Radey, Thomas, Yon & Clark, P.A.
313 North Monroe Street, Suite 200 Post Office Box 10967 Tallahassee, Florida 32302
Mark Casteel, General Counsel Department of Financial Services The Capitol, Plaza Level 11 Tallahassee, Florida 32399-0300
Honorable Tom Gallagher Chief Financial Officer
Department of Financial Services The Capitol, Plaza Level 11 Tallahassee, Florida 32399-0300
NOTICE OF RIGHT TO JUDICIAL REVIEW
A party who is adversely affected by this Final Order is entitled to judicial review pursuant to Section 120.68, Florida Statutes. Review proceedings are governed by the Florida Rules of Appellate Procedure. Such proceedings are commenced by filing the original notice of appeal with the Clerk of the Division of Administrative Hearings and a copy, accompanied by filing fees prescribed by law, with the District Court of Appeal, First District, or with the District Court of Appeal in the Appellate District where the party resides. The notice of appeal must be filed within 30 days of rendition of the order to be reviewed.
Docket for Case No: 01-002398F
| Issue Date |
Proceedings |
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Jul. 14, 2004 |
BY ORDER OF THE COURT: Appeal dismissed pursuant to Flordia Rule of Appellate Procedure 9.350(b).
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Mar. 23, 2004 |
Supplemental Index, Record, and Certificate of Record sent to the District Court of Appeal.
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Mar. 12, 2004 |
Index, Record, and Certificate of Record sent to the District Court of Appeal.
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Feb. 20, 2004 |
Index filed.
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Jan. 06, 2004 |
Letter to A. Cole from J. Wheeler enclosing Docketing Statement filed.
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Dec. 31, 2003 |
Certified Notice of Administrative Appeal sent to the First District Court of Appeal.
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Dec. 30, 2003 |
Notice of Administrative Appeal filed.
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Dec. 02, 2003 |
Summary Final Order. CASE CLOSED.
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Nov. 10, 2003 |
Notice of Change of Street Address (filed by H. Thomas via facsimile).
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Nov. 10, 2003 |
United Wisconsin`s Response in Opposition to Department`s [Renewed] Motion for Summary Final Order (filed via facsimile).
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Nov. 04, 2003 |
Department`s Memorandum of Law filed.
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Nov. 04, 2003 |
Department`s Motion for Summary Final Order filed.
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Aug. 29, 2003 |
Notice of Motion Hearing. (Division of Administrative Hearings, the DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida, on September 23, 2003, at 10:00 a.m.)
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Jul. 31, 2003 |
Department`s Status Report filed.
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Jul. 24, 2003 |
Sixth Status Report, Request for Leave to Supplement Motion for Reasonable Expenses and Attorney`s Fees, and Motion for Status Conference (filed by Petitioner via facsimile).
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Jan. 28, 2003 |
Order Continuing Case in Abeyance issued (parties to advise status by July 24, 2003).
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Jan. 24, 2003 |
Fifth Status Report and Motion to Continue Abeyance filed by Petitioner.
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Sep. 04, 2002 |
Order Continuing Case in Abeyance issued (parties to advise status by January 24, 2003).
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May 14, 2002 |
Order Continuing Case in Abeyance issued (parties to advise status by July 25, 2002).
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May 13, 2002 |
Department`s Status Report (filed via facsimile).
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Mar. 06, 2002 |
Order Continuing Case in Abeyance issued (parties to advise status by May 3, 2002).
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Mar. 04, 2002 |
Third Status Report and Motion to Continue Abeyance filed by Petitioner.
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Jan. 10, 2002 |
Order Continuing Case in Abeyance issued (parties to advise status by March 4, 2002).
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Jan. 03, 2002 |
Videotaped Deposition (of Arlene Shallan) filed.
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Jan. 03, 2002 |
Notice of Filing Video Deposition of Arlene Shallan filed by Petitioner.
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Dec. 31, 2001 |
Second Status Report and Motion to Continue Abeyance filed by Petitioner.
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Nov. 05, 2001 |
Order Continuing Case in Abeyance issued (parties to advise status by December 31, 2001).
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Nov. 01, 2001 |
Status Report and Motion to Continue Abeyance filed by Petitioner
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Aug. 23, 2001 |
Order Denying Motion to Dismiss issued.
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Aug. 21, 2001 |
Notice of Additional Authority in Support of the Department`s Motion to Dismiss, or, in the Alternative, Motion for Summary Final Order filed by Respondent.
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Aug. 20, 2001 |
United Wisconsin`s Response in Oppositoin to Department`s Motion to Dismiss or for Summary Final Order filed.
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Aug. 13, 2001 |
Department`s Motion to Dismiss, or, in the Alternative, Motion for Summary Final Order filed.
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Aug. 07, 2001 |
Order Granting Continuance and Placing Case in Abeyance issued (parties to advise status by October 22, 2001).
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Aug. 03, 2001 |
Consented to Motion for Abeyance filed by H. Thomas
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Aug. 01, 2001 |
Notice of Filing, Affidavit of Thomas J. Jones Regarding Reasonable Attorneys` Fees; and Affidavit of Harry O. Thomas filed.
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Jul. 27, 2001 |
Petitioner`s Response to Department`s First Request for Admissions filed.
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Jul. 11, 2001 |
Department`s First Request for Admissions filed.
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Jul. 11, 2001 |
Notice of Taking Deposition of the Department filed.
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Jul. 10, 2001 |
Subpoena ad Testificandum (2 Recieved: J. Bracher and F. Dino) filed.
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Jun. 26, 2001 |
Order issued (Respondent`s Motion to Dismiss is Denied).
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Jun. 26, 2001 |
Order of Pre-hearing Instructions issued.
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Jun. 26, 2001 |
Notice of Hearing issued (hearing set for August 15, 2001; 9:30 a.m.; Tallahassee, FL).
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Jun. 20, 2001 |
Department`s Response to Initial Order filed.
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Jun. 20, 2001 |
Department`s Motion to Dismiss filed.
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Jun. 14, 2001 |
Initial Order issued.
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Jun. 13, 2001 |
United Wisconsin`s Motion for Reasonable Expenses and Attorney`s Fees (formerly DOAH Case No. 00-3983) filed.
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Orders for Case No: 01-002398F
| Issue Date |
Document |
Summary |
|
Dec. 02, 2003 |
DOAH Final Order
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Petitioner attempted to recover fees and costs on the basis of "bad faith" by the Agency who mistakenly cited Section 120.569(2)(e), Florida Statutes, as authority. Petitioner is not entitled to fees and costs under the statutory provision cited.
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