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MARIA THORNHILL vs TRACY WATKINS, LAURA KHACHAB, RAYMOND KHACHAB, LINDA MACKEY, DAPHNE O`SULLIVAN, PAT CREWS, NANCY MORGAN, CHERYL CULBERSON, DOUG KING, TOM LOTT, CAROLYN TOOHEY, PAT GODARD AND/OR ESTATE OF PAT GODARD, AND DEANE HUNDLEY, 02-001056 (2002)

Court: Division of Administrative Hearings, Florida Number: 02-001056 Visitors: 15
Petitioner: MARIA THORNHILL
Respondent: TRACY WATKINS, LAURA KHACHAB, RAYMOND KHACHAB, LINDA MACKEY, DAPHNE O`SULLIVAN, PAT CREWS, NANCY MORGAN, CHERYL CULBERSON, DOUG KING, TOM LOTT, CAROLYN TOOHEY, PAT GODARD AND/OR ESTATE OF PAT GODARD, AND DEANE HUNDLEY
Judges: PATRICIA M. HART
Agency: Commissions
Locations: Miami, Florida
Filed: Mar. 14, 2002
Status: Closed
Recommended Order on Friday, February 27, 2004.

Latest Update: Jun. 06, 2005
Summary: Petitioner failed to prove that Respondents discriminated against her on the basis of handicap and failed to prove that Respondents retaliated against her by filing a lawsuit. The lawsuit was not objectively baseless and was protected by First Amendment.

Docket for Case No: 02-001056
Issue Date Proceedings
Jun. 06, 2005 Opinion filed.
Jun. 06, 2005 Mandate filed.
Oct. 25, 2004 Motion to Dismiss Florida Commission on Human Relations as a Party Appellee filed in the Third District Court of Appeal.
Aug. 11, 2004 Final Order Dismissing Petition for Relief a Discriminatory Housing Practice filed.
Mar. 29, 2004 Right to Submit Exceptions & Permission to file a Few Days Late Due to Cumbersome 89 Page Order & Medical Ailments (filed via facsimile).
Feb. 27, 2004 Order of Consolidation. (consolidated cases are: 00-003014, 02-001056)
Feb. 27, 2004 Recommended Order cover letter identifying the hearing record referred to the Agency.
Feb. 27, 2004 Recommended Order (hearing held May 21 and 22, 2002, and July 23 and 24 and September 19, 2003). CASE CLOSED.
Feb. 05, 2004 Letter to Judge Malono from M. Thornhill regarding the recommended order (filed via facsimile).
Dec. 22, 2003 Notice of Filing, Long and Short Form Proposed Findings of Fact and Conclusion of Law filed by J. Sutton.
Dec. 22, 2003 Transcript (4 Volumes) filed.
Dec. 22, 2003 Proposed Findings of Fact and Conclusions of Law: Discrimination filed by Respondent.
Dec. 22, 2003 Findings of Facts, Conclusions of Law & Final Judgment (filed by Petitioner via facsimile).
Dec. 22, 2003 Proposed Findings of Fact and Conclusions of Law: Retaliation filed by Respondent.
Dec. 17, 2003 Letter to L. Douglass from M. Thornhille regardings exhibit sent to Mr. Sutton (filed via facsimile).
Dec. 10, 2003 Letter to J. Sutton from L. Douglass enclosing the exhibit sheets for the Respondent and the Petitioner used during the hearing.
Dec. 09, 2003 Order Extending Time for Filing Proposed Recommended Orders. (the parties shall file their proposed findings of fact and conclusions of law by December 22, 2003).
Dec. 09, 2003 Letter to Judge Malono from J. Sutton responding to Petitioner`s request for extension of time (filed via facsimile).
Dec. 09, 2003 Letter to Judge Malono from M. Thornhill requesting a 10 day extension for filing Findings (filed via facsimile).
Dec. 05, 2003 Letter to Judge Malono from M. Thornhill regarding request for telephone conference (filed via facsimile).
Nov. 24, 2003 Exhibit "4S" Requested by Judge Malono (filed by Petitioner via facsimile).
Nov. 21, 2003 Letter to M. Thornhill and J. Sutton from Judge Malono the parties shall file their proposed findings of fact and conclusions of law by December 10, 2003.
Nov. 21, 2003 Order Ruling on Petitioner`s Proposed Exhibits 44 Through 68.
Oct. 21, 2003 Letter to Judge Malono from J. Sutton regarding receiving 11 page fax from Petitioner (filed via facsimile).
Oct. 20, 2003 Stipulation to Records Based Upon Notes of Administrative Law filed by J. Sutton.
Oct. 20, 2003 Objection to Petitioner`s Proposed Exhibits and Stipulation to Other Exhibits filed by J. Sutton.
Oct. 20, 2003 Letter to Judge Malono from M. Thornhill regarding comments on the prepared notes in the DOAH video conference hearing September 19, 2003 (filed via facsimile).
Oct. 15, 2003 Transcript (2 Volumes July 24, 2003) filed.
Oct. 15, 2003 Transcript (2 Volumes July 23, 2003 ) filed.
Oct. 15, 2003 Notice of Filing, Transcript (Volumes 1 thru 4) filed
Oct. 15, 2003 Notice of Filing, certified copy of the Order of May 20, 1983, the condominium association was enjoined over 20 years ago from attempting to cancel leases, response to Ms. Thornhill`s position filed.
Oct. 10, 2003 Letter to Judge Malono from J. Sutton concerning about not receiving proposed "record" filed filed.
Oct. 09, 2003 Letter to M. Thornhill and J. Sutton from Judge Malono enclosing for review a transcript of my notes of the portion of the final hearing conducted on September 19, 2003, when there was no court reporter.
Sep. 22, 2003 Letter to L. Douglas from M. Thornhill enclosing missing pages to exhibits (filed via facsimile).
Sep. 22, 2003 Petitioner`s Additional Exhibit`s Exhibits Not Recorded for Lack of Court Reporter Trial September 19, 2003 Video-Teleconferncee (filed via facsimile).
Sep. 19, 2003 Exhibits to Judge Doing Video Hearing September 19, 2003 (filed by Petitioner via facsimile).
Sep. 16, 2003 Answer to Respondents Objection of Computer Disk and Request to Add More Petitioner Exhibits Due to Video/Telephonic Hearing on September 19, 2003 (filed via facsimile).
Aug. 14, 2003 Letter to Official Reporting Service from D. Crawford requesting the services of a court reporter (filed via facsimile).
Aug. 08, 2003 Objection to Admission of Computer Disk filed by Respondents.
Aug. 08, 2003 Notice of Filing filed by Respondents.
Jul. 29, 2003 Order Scheduling Continuation of Hearing (video hearing set for September 19, 2003, at the Department of Management Services, Video Room N-106, The Ruth Bryan Rohde Building, 401 Northwest 2nd Avenue, Miami, Florida, beginning 9:00 a.m.).
Jul. 11, 2003 Notice to Bankruptcy Trustee. (the final administrative hearing in this case shall proceed as scheduled on July 23, and 24, 2003)
Jul. 08, 2003 (Proposed) Order Staying Proceedings (filed via facsimile).
Jul. 08, 2003 Suggestion of Bankruptcy (filed via facsimile).
Jul. 08, 2003 Letter to L. Douglas from J. Sutton enclosing the suggestion of chapter 13 bankruptcy that should have been attached to the notice of pending suggestion of bankruptcy (filed via facsimile).
Jul. 08, 2003 Notice of Pending Suggestion of Bankruptcy (filed by J. Sutton via facsimile).
Jul. 02, 2003 Order Denying Relief.
Jun. 13, 2003 Answer to Judge Regarding Attorney`s Contacted to Represent Petitioner (filed by Petitioner via facsimile).
May 09, 2003 Letter to Official Reporting Service from D. Crawford confirming the request for court reporter services (filed via facsimile).
May 07, 2003 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for July 23 and 24, 2003, at 9:00 a.m., at the Dade County Courthouse, 73 West Flagler Street, Miami, Florida)
May 07, 2003 Order Clarifying Procedings and Denying Emergency Relief issued.
May 02, 2003 Motion for Continuation and Request for Clarification of Proceedings and for Emergency Relief (filed by Petitioner via facsimile).
Apr. 22, 2003 Order Denying Request to Disqualify Judge and Denying Request for Emergency Relief issued.
Apr. 10, 2003 As Requested by the Court 60 Day Notice Regarding Not Being Able to Hire an Attorney Due to Having no Money and Request Emergency Relief (filed by Petitioner via facsimile).
Mar. 17, 2003 Order Returning Document Filed for the "Record" and Order Denying Second Request for Telephone Hearing issued.
Mar. 10, 2003 Add to Record Another Owner`s Letter Stating Discrimation and Second Request for Telephone Hearing to Clarify Respondent`s Attorney`s Fabrications and to (filed by Petitioner via facsimile).
Mar. 06, 2003 Order Re-scheduling Hearing issued (hearing set for May 7-9, 2003, at the Dade County Courthouse, report to room 911 for room assignment, 73 Flagler Street, Miami, Florida, the hearing on May 7, 2003, will begin at 11:00 a.m., with the hearing on May 8-9 beginning at 9:00 a.m.)
Mar. 06, 2003 Order Denying Request for Telephone Hearing issued.
Mar. 04, 2003 Request Telephone Hearing to Clarify Respondent`s Attorney`s Fabrications (filed by Petitioner via facsimile).
Feb. 28, 2003 Response to Court Order to Reply for Final Hearing Dates and Clarification on Why Attorney for Petitioner Withdrew (filed by Petitioner via facsimile).
Feb. 28, 2003 Response to Order of Granting Continuance (filed by J. Sutton via facsimile).
Feb. 13, 2003 Order Granting Continuance issued (parties to advise status by February 28, 2003).
Feb. 12, 2003 Order Permitting Withdrawal of Counsel for Petitioner issued. (Henry G.Ferro, Esquire, is hereby granted leave to withdraw as counsel for the Petitioner)
Feb. 11, 2003 Motion to Withdraw as Counsel (filed by H. Ferro via facsimile).
Feb. 11, 2003 Letter to J. Sutton from H. Ferro in regards to moving for leave to withdraw as counsel (filed via facsimile).
Dec. 06, 2002 Letter to Official Reporting Service from D. Crawford confirming the request for court reporter services (filed via facsimile).
Nov. 26, 2002 Order Denying Respondents` Motion to Strike and Directing the Petitioner to Communicate With the Respondents and With the Division of Administrative Hearings Only Through Her Attorney issued.
Nov. 26, 2002 Order Re-scheduling Hearing issued (hearing set for Febuary 12 and 13, 2003, at the Dade County Courthouse, report to room 911 for room assignment, 73 West Flagler Street, Miami, Florida, beginning at 9:00 a.m.)
Nov. 13, 2002 Motion to Strike (filed by J. Sutton via facsimile).
Nov. 07, 2002 Letter to Judge Malono from M. Thornhill enclosing "videos for case" cd that belongs to the Court file as discovery filed.
Oct. 08, 2002 Order Granting Continuance issued (parties to advise status by November 7, 2002).
Oct. 07, 2002 Letter to Official Reporting Service from D. Crawford confirming request for court reporter services (filed via facsimile).
Oct. 01, 2002 Amended Notice of Hearing issued. (hearing set for October 9 through 11, 2002; 11:00 a.m.; Miami, FL, amended as to time).
Aug. 20, 2002 Letter to Judge Malono from M. Thornhill enclosing medical examination from 1994 (filed via facsimile).
Jul. 22, 2002 Notice of Service of Interrogatories (filed by Respondent via facsimile).
Jul. 19, 2002 Order Denying Motion for Leave to File Interrogatories issued.
Jul. 18, 2002 Motion for Leave of Court to File Interrogatories to Petitioner filed by Respondent.
Jul. 10, 2002 Order Granting Motion for Protective Order and Quashing Subpoena Duces Tecum issued.
Jul. 10, 2002 Order Denying Motion for Omnibus Protective Order from Subpoena Duces Tecum issued.
Jul. 10, 2002 Order Denying Motion to Require Petitioner to Execute Medical Authorization issued.
Jun. 20, 2002 Notice of Appearance (filed by H. Ferro).
Jun. 11, 2002 Letter to DOAH from D. Crawford confiming a request for a court reporter (filed via facsimile).
Jun. 10, 2002 Order of Pre-hearing Instructions issued.
Jun. 07, 2002 Order Granting Continuance and Scheduling Continuantion of Hearing issued (hearing set for October 9 through 11, 2002, 9:a.m., Miami).
Jun. 07, 2002 (Proposed) Order filed by Respondent.
May 28, 2002 Request to Produce (filed by Respondents via facsimile).
May 28, 2002 Motion to Require Petitioner to Execute Medical Authorization (filed by Respondents via facsimile).
May 20, 2002 Motion for Omnibus Protective Order from Subpoena Duces Tecum (filed by Respondent via facsimile).
May 20, 2002 Emergency Motion for Protective Order and/or to Quash Subpoena Duces Tecum (filed C. Garrido via facsimile).
May 17, 2002 Telephonic Prehearing Conference Volume 1 filed.
May 17, 2002 Notice of Filing Transcript sent out.
May 16, 2002 Order Denying Respondents` Amended Motion to Dismiss, Denying Petitioner`s Motion to Strike Amended Motion to Dismiss, and Denying Petitioner`s Motion for Summary Final Order Due to Misrepresentation by Attorneys for 
Respondents Regarding Representation of Respondents Dated April 4, 2002 issued.
May 16, 2002 Order Denying Motion of Petitioner Re Invalid Information Submitted to this Court issued.
May 16, 2002 Order Denying Motion in Limine issued.
May 16, 2002 Order Denying Motion for More Definite Statement issued.
May 16, 2002 Order Dismissing as Respondent Carlos Flores issued.
May 16, 2002 Order Dismissing as Respondents Patrick C. Barthet, Gary E. Davidson, Patrick Barthet, P.A. issued.
May 16, 2002 Notice of Filing Exhibits filed by Respondents.
May 16, 2002 "Notice of Service of Orders Relied upon as Exhibits at Final Hearing on May 22, 2002" filed by Respondents.
May 16, 2002 Order Denying Respondents` Amended Motion to Dismiss, Denying Petitioner`s Motion to Strike Amended Motion to Dismiss, and Denying Petitioner`s Motion for Summary Final Order Due to Misrepresentation by Attorneys for Respondents Regarding Representation of Respondents Dated April 4, 2002 issued.
May 15, 2002 Pre-hearing Order issued.
May 13, 2002 Motion in Limine to Exclude (filed by Respondents via facsimile).
May 10, 2002 Request for More Definite Statement of the Charging Documents filed by Respondents.
May 10, 2002 Request for Pre-Hearing Conference filed by Respondents.
May 09, 2002 Response to Answer of Respondent and Witnessess & Exhibit List for Hearing & Request for Discovery from Respondents (filed by Petitioner via facsimile).
May 08, 2002 Motion of Petitioner Re Invalid Information Submitted to this Court (filed via facsimile). (filed via facsimile).
Apr. 29, 2002 Letter to Judge Malono from P. Barthet advising of an order to be clarified to P.Barthet, G. Davidson, and P. Barthet P.A. filed.
Apr. 26, 2002 Answer and Compliance with Notice of Hearing filed by Respondent.
Apr. 26, 2002 Notice of Filing Reliance Upon Law filed by Respondent.
Apr. 26, 2002 Motion to Strike Amended Motion to Dismiss and Again Request Motion for "Summary Final Order Due to Misrepresentation by Attorneys for Respondents Regarding Representation of Respondents Dated April 4, 2001" (filed via facsimile).
Apr. 26, 2002 Clarification of Status of Gary E. Davidson, Patrick C. Barthet, and Patrick C. Barthet, P.A. and Clarification of Status of Carlos Flores Doug King and Tom Lott and the Estate of Pat Godard and Specific Allegations Relating to Raymond Khachab, Tom Lott, Douglas King, Jorge Zerpa, Bill Potts and Estate of Pat Godard (filed by Respondent via facsimile).
Apr. 22, 2002 Letter to Capital Reporting Service from D. Crawford confirming services of a court reporter (filed via facsimile).
Apr. 18, 2002 Order Requiring Clarification from the Petitioner Regarding Carlos Flores, Doug King, and Tom Lott issued.
Apr. 18, 2002 Order Granting the Rsepondents` Motion for Extension of Time and Denying Petitioner`s Motion Not to Extend Time to Respondents and Again Pray for Urgent & Immediate Determination issued.
Apr. 18, 2002 Notice of Procedural Rules issued.
Apr. 18, 2002 Order Denying Petitioner`s Motion for Urgent "Summary Final Order" & Injunction or Stay to Cease and Desist Against Petitioner and/or Sheet Suspenders issued.
Apr. 18, 2002 Order Clarifiying that Jorge Zerpa and William Potts are not Respondents in this Case and Order Petitioner to Cease Serving Pleadings on These Individuals issued.
Apr. 18, 2002 Order Requiring Clarification from the Petitioner Regarding Gary E. Davidson, Patrick C. Barthet, and Patrick C. Barthet, P.A.issued.
Apr. 18, 2002 Order Requiring Petitioner to Cease Serving Pleadings on Individual Respondents issued.
Apr. 18, 2002 Order of Pre-hearing Instructions issued.
Apr. 18, 2002 Notice of Hearing issued (hearing set for May 21 and 22, 2002; 9:00 a.m.; Miami, FL).
Apr. 18, 2002 Amended Motion to Dismiss (filed by Respondent via facsimile).
Apr. 11, 2002 Response to Maria Thornhill`s Motion for Urgent Summary Final Order and Motion to Strike filed by Respondents.
Apr. 11, 2002 Motion to Dismiss filed by Respondents.
Apr. 05, 2002 Amended Notice of Appearance (filed by J. Sutton).
Apr. 03, 2002 Motion for Urgent Summary Final Order & Injunction or Stay to Cease and Desist Against Petitioner and/or Sheet Suspenders (filed by Petitioner via facsimile).
Apr. 02, 2002 Amended Notice of Appearance (filed by J. Sutton via facsimile).
Mar. 28, 2002 Notice of Appearance (filed by J. Sutton via facsimile).
Mar. 26, 2002 Motion to Dismiss Petition for Relief by Special and Limited Appearance as to Patrick C. Barthet, Esq. and Law Office of Patrick C. Barthet, P. A. filed.
Mar. 26, 2002 Motion not to Extend Time to Respondent`s & Again Pray for Urgent & Immediate Determination (filed by Petitioner via facsimile).
Mar. 25, 2002 Response and Motion for Extension of Time filed by Respondents.
Mar. 25, 2002 Notice of Ex-Parte Communication issued.
Mar. 22, 2002 Memo to L. Douglas from M. Thornhill regarding initial order (filed via facsimile).
Mar. 20, 2002 Notice of Readiness for Hearing (if Applicable) Due to Order Closing File on Remand on 4-23-01 DOAH Case No. 01-1211, and/or Motion for Immediate Determination and/or if Necessary Request for Subpoenas to Appear with Records (filed by Petitioner via facsimile).
Mar. 18, 2002 Memorandum to K. Scheurman from M. Thornhill regarding legal opinion dated April 10, 2001 from Mr. Scheureman (filed via facsimile).
Mar. 14, 2002 Housing Discrimination Complaint filed.
Mar. 14, 2002 Determination of No Reasonable Cause filed.
Mar. 14, 2002 Urgent - Petition for Relief filed.
Mar. 14, 2002 Transmittal of Petition filed by the Agency.
Mar. 14, 2002 Initial Order issued.

Orders for Case No: 02-001056
Issue Date Document Summary
May 20, 2005 Mandate
May 04, 2005 Opinion
Aug. 10, 2004 Agency Final Order
Feb. 27, 2004 Recommended Order Petitioner failed to prove that Respondents discriminated against her on the basis of handicap and failed to prove that Respondents retaliated against her by filing a lawsuit. The lawsuit was not objectively baseless and was protected by First Amendment.
Source:  Florida - Division of Administrative Hearings

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