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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD vs TERRY LYNN GALLIMORE, 04-002272PL (2004)

Court: Division of Administrative Hearings, Florida Number: 04-002272PL Visitors: 29
Petitioner: DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD
Respondent: TERRY LYNN GALLIMORE
Judges: DANIEL MANRY
Agency: Department of Business and Professional Regulation
Locations: Orlando, Florida
Filed: Jun. 30, 2004
Status: Closed
Recommended Order on Tuesday, December 21, 2004.

Latest Update: Nov. 07, 2019
Summary: The issue is whether Respondent violated Subsection 489.129(1)(m), Florida Statutes (1997), by allegedly committing incompetence or misconduct by "poor soil compaction" and by failing to honor the terms of a written warranty.Petitioner failed to show by clear and convincing evidence that a crack in the pool and a detached tile were caused by Respondent`s incompetence or misconduct.
AGC - Filing For: CONSTRUCTION - 4/11/2005 - 2005-01791 - 200106697 - GALLIMORE, TERRY LYNN - FINAL ORDER

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' Final Order No. BPR-2005-01791 Date:

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1 FILED -1 V:)

STATE / Department of Business and Professional Regulation

CONSTRUCTION INDI AGENCY CLERK


. By, n,

DEPARTMENT OF BUSINESS AND \


- - -

PROFESSIONAL REGULATION, - --- - · ,

Petitioner,


-vs- CASE NO.: 2001-06697

LICENSE NO.: CP C054509

TERRY LYNN GALLIMORE,

Respondent.

I


FINAL ORDER


THIS MATTER came before the Construction Industry Licensing Board pursuant to Sections 120.569 and 120.57(1), Florida Statutes at the duly noticed meeting on February 10, 2005, in St. Augustine, Florida, for the purpose of considering the Administrative Law Judge's Recommended Order of December 21, 2004 (attached).

Petitioner was represented by Patrick F. Creehan, Esquire, who was present at the hearing. The Board was represented by Diane Guillemette. The Respondent was present. Attorney for Respondent, Mr Wilson Jerry Foster, Esq. was also present.

Findings of Fact


  1. The findings of fact set forth in the Recommended Order are approved, adopted, and incorporated herein by reference.


    Conclusions of Law


  2. The Board has jurisdiction over this matter pursuant to the provisions of Section 120.57 and Chapter 489, Florida Statutes.

    Page 1 of 3


    Filed November 7, 2019 10:56 AM Division of Administrative Hearings

  3. The conclusions of law set forth in the Recommenced Order are consistent with the findings and are approved, adopted, and incorporated herein by reference.

    Penalty


  4. The Administrative Law Judge's recommended penalty, is approved, adopted, and incorporated in this Final Order of the Board.

WHEREFORE, IT IS HEREBY ORDERED AND ADJUDGED that the

This Final Order shall take effect upon filing with the Clerk of the Department of Business and Professional Regulation.

DONE and ORDERED this f\.\ day of


MICHELLE KANE, Chair

Construction Industry Licensing Board


NOTICE OF RIGHT TO APPEAL


THIS ORDER CONSTITUTES FINAL AGENCY ACTION AND MAY BE APPEALED BY ANY PARTY PURSUANT TO SECTION 120.68, FLORIDA STATUTES, AND RULES

9.110 AND 9.190, FLORIDA RULES OF APPELLATE PROCEDURE, BY FILING A NOTICE OF APPEAL CONFORMING TO THE REQUIREMENTS OF RULE 9.110(0), FLORIDA RULES OF APPELLATE PROCEDURE, BOTH WITH THE APPROPRIATE DISTRICT COURT OF APPEAL, ACCOMPANIED BY THE APPROPRIATE FILING FEE, AND WITH THE DEPARTMENT'S CLERK OF AGENCY PROCEEDINGS, WITHIN THIRTY (30) DAYS OF RENDITION OF THIS ORDER.

Page 2 of 3


CERTIFICATE OF SERVICE


I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been provided by Certified Mail to: TERRY LYNN GALLIMORE, 6213 All American Boulevard, Orlando, FL 32810, and Wilson Jerry Foster, Esq., Mcconnaughhay, Duffy, Coonrod, Pope & Weaver, P.A., 101 North Monroe Street, Ste. 900, P.O. Drawer 229, Tallahassee, FL 32302, and by hand/interoffice delivery to the Construction Industry Licensing Board, 1940 N. Monroe Street, Tallahassee, Florida 32399-1039; Patrick F. Creehan, Esq., Chief Construction Attorney, Office of the General Counsel, 1940 N. Monroe St., Ste. 60, Tallahassee, Florida 32399-2202, and Diane L. Guillemette,

Assistant Attorney General, PL-01, The Capitol, Tallahassee, Florida 32399-1050, on or


before 5:00 p.m., this

j/fA-..;ayof 14-o r, / ,2005.

I


Page 3 of 3


Docket for Case No: 04-002272PL
Issue Date Proceedings
Nov. 07, 2019 Agency Final Order filed.
Dec. 21, 2004 Recommended Order (hearing held October 22, 2004). CASE CLOSED.
Dec. 21, 2004 Recommended Order cover letter identifying the hearing record referred to the Agency.
Dec. 09, 2004 Proposed Recommended Order filed.
Dec. 09, 2004 Petitioner`s Proposed Recommended Order filed.
Nov. 29, 2004 Transcript filed.
Oct. 28, 2004 Petitioner`s Exhibits filed.
Oct. 28, 2004 Petitioner`s Notice of Late-filing Exhibits filed.
Oct. 22, 2004 CASE STATUS: Hearing Held.
Oct. 15, 2004 Deposition (of C. Eden) filed.
Oct. 15, 2004 Respondent`s Notice of Filing Deposition Transcript of Petitioner`s Expert Witness, Calvin Eden filed.
Sep. 30, 2004 Order Granting Continuance and Re-scheduling Hearing (hearing set for October 22, 2004; 9:00 a.m.; Orlando, FL).
Sep. 23, 2004 Motion to Continue filed by Respondent.
Sep. 08, 2004 Order Granting Continuance and Re-scheduling Hearing (hearing set for October 7, 2004; 9:00 a.m.; Orlando, FL).
Aug. 30, 2004 Joint Pre-hearing Statement (filed via facsimile).
Jul. 27, 2004 Respondent`s First Set of Interrogatories filed.
Jul. 27, 2004 Respondent`s Notice of Filing Discovery Requests filed.
Jul. 14, 2004 Order of Pre-hearing Instructions.
Jul. 14, 2004 Notice of Hearing (hearing set for September 8, 2004; 9:00 a.m.; Orlando, FL).
Jul. 14, 2004 Notice of Appearance (filed by M. Wilkinson, Esquire, via facsimile).
Jul. 08, 2004 Joint Response to Initial Order filed.
Jul. 08, 2004 Joint Response to Initial Order filed via facsimile.
Jun. 30, 2004 Agency referral filed.
Jun. 30, 2004 Initial Order.
Jun. 30, 2004 Election of Rights (filed via facsimile).
Jun. 30, 2004 Administrative Complaint (filed via facsimile).

Orders for Case No: 04-002272PL
Issue Date Document Summary
Apr. 11, 2005 Agency Final Order
Dec. 21, 2004 Recommended Order Petitioner failed to show by clear and convincing evidence that a crack in the pool and a detached tile were caused by Respondent`s incompetence or misconduct.
Source:  Florida - Division of Administrative Hearings

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