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  5. ARTEM M. JOUKOV vs OFFICE OF STATE ATTORNEY SECOND JUDICIAL CIRCUIT OF FLORIDA, 18-005833F (2018)

ARTEM M. JOUKOV vs OFFICE OF STATE ATTORNEY SECOND JUDICIAL CIRCUIT OF FLORIDA, 18-005833F (2018)

Court: Division of Administrative Hearings, Florida Number: 18-005833F Visitors: 70
Petitioner: ARTEM M. JOUKOV
Respondent: OFFICE OF STATE ATTORNEY SECOND JUDICIAL CIRCUIT OF FLORIDA
Judges: SUZANNE VAN WYK
Agency: State Attorney
Locations: Tallahassee, Florida
Filed: Nov. 06, 2018
Status: Closed
DOAH Final Order on Monday, August 19, 2019.
Latest Update: Nov. 05, 2019
Summary: Whether Petitioner is entitled to attorneys’ fees, pursuant to sections 57.105, 57.111, and 120.595, Florida Statutes, for defending the underlying overpayment claim filed by Respondent.Petitioner is not entitled to attorneys' fees where Respondent had a good faith basis to pursue reimbursement of overpayment, the claim was supported by fact and law, and was not filed for an improper purpose.
18005833Mandate

M A N D A T E

from

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA

This case having been brought to the Court, and after due consideration the Court having issued its opinion;


YOU ARE HEREBY COMMANDED that further proceedings, if required, be had in accordance with the opinion of this Court, and with the rules of procedure, and laws of the State of Florida.


WITNESS the Honorable Stephanie W. Ray, Chief Judge, of the District Court of Appeal of Florida, First District, and the seal of said Court at Tallahassee, Florida, on this day.


July 08, 2020


Artem M. Joukov v.

Office of the State Attorney Second Judicial Circuit of Florida


DCA Case No.: 1D19-3343

Lower Tribunal Case No.: 2018-5833F


th

Mandate and opinion to: Claudia Llado, Clerk cc: (without attached opinion)

Michael P. Spellman Artem M. Joukov


Mitchell J. Herring


Docket for Case No: 18-005833F
Issue Date Proceedings
Jul. 08, 2020 Transmittal letter from Claudia Llado forwarding the one-volume Transcript, along with Respondent's Exhibits to Respondent.
Jul. 08, 2020 Transmittal letter from Claudia Llado forwarding Petitioner's Exhibits to Petitioner.
Jul. 08, 2020 Mandate filed.
Jul. 08, 2020 Opinion filed.
Jun. 12, 2020 Appellee's Response in Opposition to Appellant's Motion for Rehearing, Rehearing En Banc, Clarification, Written Opinion, and/or Certification filed.
Apr. 17, 2020 Corrected Supplemental Index, Record, and Certificate of Record sent to the District Court of Appeal.
Apr. 16, 2020 Supplemental Index, Record, and Certificate of Record sent to the District Court of Appeal.
Apr. 14, 2020 Transcript of Hearing Proceeding Respondent's Motion in Limine filed.
Apr. 08, 2020 Directions to Clerk to File Supplemented Record filed.
Apr. 07, 2020 BY ORDER OF THE COURT: The Court has found that the record on appeal does not contain a transcript of the motion in limine hearing held on May 29, 2019. Appellant shall have 20 days from the date of this order within which to ensure the preparation and filing by the lower tribunal of a supplemental record containing such a transcript.
Jan. 16, 2020 Appellee's Motion to Correct Scrivener's Error and to File Corrected Answer Brief filed.
Jan. 03, 2020 Request for Oral Argument filed.
Jan. 03, 2020 Answer Brief of Appellee, Office of State Attorney Second Judicial Circuit of Florida filed.
Nov. 05, 2019 Index, Record, and Certificate of Record sent to the First District Court of Appeal.
Sep. 30, 2019 Invoice for the record on appeal mailed.
Sep. 30, 2019 Index (of the Record) sent to the parties of record.
Sep. 16, 2019 Acknowledgment of New Case, First DCA Case No. 1D19-3343 filed.
Sep. 16, 2019 Notice of Appeal filed and Certified copy sent to the First District Court of Appeal this date.
Sep. 16, 2019 Directions to Clerk filed.
Sep. 16, 2019 Statement of Judicial Acts filed.
Aug. 26, 2019 Order on Petitioner's Motion to Supplement the Record.
Aug. 26, 2019 The Petitioner's Motion to Supplement the Record filed.
Aug. 22, 2019 Order Denying Motion for Rehearing.
Aug. 22, 2019 The Petitioner's Motion for Rehearing filed.
Aug. 19, 2019 Final Order (hearing held May 30, 2019). CASE CLOSED.
Jul. 15, 2019 Respondent's Notice of Filing Proposed Recommended Order filed.
Jul. 15, 2019 The Petitioner's Proposed Order filed.
Jul. 09, 2019 Confirmation of Certified Mail Service of Constitutional Challenge filed.
Jun. 21, 2019 Joint Stipulation Regarding Submission of Proposed Recommended Orders filed.
Jun. 14, 2019 Notice of Filing Transcript.
Jun. 14, 2019 Transcript of Proceedings (not available for viewing) filed.
Jun. 10, 2019 Order Granting Extension of Time.
Jun. 10, 2019 Respondent's Consented Motion to Extend the Time for Filing Proposed Recommended Orders filed.
May 31, 2019 Respondent's Notice of Filing Signed Errata Sheet by Carol Houck filed.
May 30, 2019 CASE STATUS: Hearing Held.
May 29, 2019 CASE STATUS: Motion Hearing Held.
May 29, 2019 Notice of Service of Subpoena filed.
May 28, 2019 Notice of Motion Hearing (Motion hearing set for May 29, 2019; 10:00 a.m.; Tallahassee, FL).
May 28, 2019 The Petitioner's Response to the Respondent's Motion in Limine filed.
May 23, 2019 Order Denying Petitioner's Motion for Reconsideration and Limiting Deposition of State Attorney.
May 23, 2019 Respondent's Motion in Limine filed.
May 23, 2019 Order on Petitioner's Motion Raising Constitutional Challenges to Portions of Florida Attorney's Fees Statutes.
May 22, 2019 Joint Pre-hearing Stipulation filed.
May 22, 2019 CASE STATUS: Motion Hearing Held.
May 21, 2019 Respondent's Notice of Supplemental Authority filed.
May 20, 2019 Notice of Telephonic Motion Hearing (motion hearing set for May 22, 2019; 2:00 p.m.).
May 20, 2019 The Petitioner's Notice of Intent to Introduce Business Records via Certification filed.
May 17, 2019 Respondent's Response to Petitioner's Motion Raising Constitutional Challenges to Portions of Florida Attorneys Fees Statutes filed.
May 17, 2019 Notice of Compliance When Bringing a Constitutional Challenge filed.
May 17, 2019 The Petitioner's Motion Raising Constitutional Challenges to Portions of Florida Attorney's Fees Statutes filed.
May 16, 2019 Respondent's Response to Petitioner's Motion for Reconsideration filed.
May 16, 2019 The Petitioner's Request for Subpoenas and Subpoenas Duces Tecum filed.
May 16, 2019 The Petitioner's Updated Witness List filed.
May 16, 2019 The Petitioner's Addendum to the Motion for Reconsideration filed.
May 15, 2019 The Petitioner's Motion for Reconsideration filed.
May 14, 2019 Order Denying Joint Motion to Reschedule.
May 08, 2019 Joint Motion to Reschedule Final Hearing filed.
May 07, 2019 The Petitioner's Notice of Service of Responses to the Respondent's First Set of Interrogatories filed.
May 06, 2019 Respondent's Response to Petitioner's Second Requests for Admission filed.
May 06, 2019 Respondent's Response to Petitioner's Second Request for Production filed.
May 06, 2019 Respondent's Notice of Service of Responses to Petitioner's Second Set of Interrogatories filed.
May 06, 2019 The Petitioner's Notice of Service of Responses to the Respondent's First Request for Admissions filed.
May 06, 2019 The Petitioner's Notice of Service of Responses to the Respondent's First Request for Production filed.
May 03, 2019 Order Granting, in Part, and Denying, in Part, Respondent's Emergency Motion for Protective Order.
May 02, 2019 CASE STATUS: Motion Hearing Held.
May 01, 2019 Notice of Telephonic Motion Hearing (motion hearing set for May 2, 2019; 3:00 p.m.).
Apr. 29, 2019 Respondent's Notice of Supplemental Authority filed.
Apr. 29, 2019 The Petitioner's Response to the Respondent's Motion for Protective Order filed.
Apr. 25, 2019 Respondent's Emergency Motion for Protective Order filed.
Apr. 24, 2019 Order on Petitioner's Motion for a Telephonic Conference.
Apr. 12, 2019 Respondent's Memorandum in Opposition to Petitioner's Motion for a Telephonic Conference filed.
Apr. 11, 2019 The Petitioner's Motion for a Telephonic Conference filed.
Apr. 08, 2019 Respondent's First Request for Production to Petitioner filed.
Apr. 08, 2019 Respondent's First Request for Admissions to Petitioner filed.
Apr. 08, 2019 Respondent's Notice of Service of First Set of Interrogatories to Petitioner filed.
Apr. 08, 2019 Notice of Service of the Petitioner's Second Requests for Admission to the Respondent filed.
Apr. 08, 2019 Notice of Service of the Petitioner's Second Request for Production to the Respondent filed.
Apr. 08, 2019 Notice of Service of the Petitioner's Second Set of Interrogatories to the Respondent filed.
Apr. 04, 2019 CASE STATUS: Motion Hearing Held.
Apr. 01, 2019 Respondent's Response to Petitioner's First Requests for Admission filed.
Apr. 01, 2019 Respondent's Response to Petitioner's First Request for Production filed.
Apr. 01, 2019 Respondent's Notice of Service of Responses to Petitioner's First Set of Interrogatories filed.
Mar. 28, 2019 Notice of Telephonic Motion Hearing (motion hearing set for April 4, 2019; 10:00 a.m.).
Mar. 13, 2019 The Petitioner's Motion in Limine filed.
Mar. 08, 2019 Order Granting Extension of Time.
Mar. 05, 2019 Respondent's Consented Motion for Extension of Time to Respond to Petitioner's Discovery Requests filed.
Feb. 14, 2019 Order Rescheduling Hearing (hearing set for May 30, 2019; 9:00 a.m.; Tallahassee, FL).
Feb. 13, 2019 Joint Notice of Hearing Availability filed.
Feb. 08, 2019 Notice of Service of the Petitioner's Redrafted First Set of Interrogatories to the Respondent filed.
Feb. 08, 2019 Notice of Service of the Petitioner's Redrafted First Requests for Admission to the Respondent filed.
Feb. 08, 2019 Notice of Service of the Petitioner's Redrafted First Request for Production to the Respondent filed.
Jan. 30, 2019 Order Granting Motion to Withdraw as Counsel.
Jan. 30, 2019 Motion to Withdraw as Counsel for Petitioner filed.
Jan. 29, 2019 Order Granting Continuance (parties to advise status by February 15, 2019).
Jan. 29, 2019 The Petitioner's Response to the Respondent's Memorandum filed.
Jan. 25, 2019 Respondent's Amended Memorandum in Opposition to Petitioner's Motion for Reconsideration, or in the alternative, Continuance filed.
Jan. 25, 2019 Respondent's Memorandum in Opposition to Petitioner's Motion for Reconsideration, or in the alternative, Continuance filed.
Jan. 25, 2019 The Petitioner's Motion for Reconsideration, or in the alternative, a Continuance filed.
Jan. 24, 2019 Petitioner's Witness List filed.
Jan. 23, 2019 Order Denying Petitioner's Request to Appear Telephonically.
Jan. 16, 2019 Petitioner's Request to Appear at the February 11, 2019 Hearing via Telephonically filed.
Jan. 04, 2019 Formal Notice of Appearance and Designation of Primary and Secondary E-mail Adresses (Marie Mattox, Adam Ellis) filed.
Jan. 04, 2019 Notice of Appearance (Marie Mattox) filed.
Jan. 03, 2019 Order of Pre-hearing Instructions.
Jan. 03, 2019 Notice of Hearing (hearing set for February 11, 2019; 9:30 a.m.; Tallahassee, FL).
Dec. 14, 2018 Joint Notice of Hearing Availability filed.
Dec. 13, 2018 Notice of Service of the Petitioner's First Request for Production to the Respondent filed.
Dec. 13, 2018 Notice of Service of the Petitioner's First Requests for Admission to the Respondent filed.
Dec. 13, 2018 Notice of Service of the Petitioner's First Set of Interrogatories to the Respondent filed.
Dec. 03, 2018 Order Requesting Dates of Availability for Hearings.
Nov. 30, 2018 The Petitioner's Request for a Hearing filed.
Nov. 27, 2018 Order on Respondent's Motion for Enlargement.
Nov. 26, 2018 Respondent's Response to Initial Order and Petitioner's Associated Motions for Attorney's Fees and Costs filed.
Nov. 21, 2018 The Petitioner's Motion Objecting to the Respondent's Motion for Enlargement filed.
Nov. 20, 2018 Respondent's Motion for Enlargement filed.
Nov. 20, 2018 Amended Notice of Apperance (Mitchell Herring) filed.
Nov. 20, 2018 Notice of Appearance (Mitchell Herring) filed.
Nov. 19, 2018 The Respondent's Addendum to Motion for Attorney's Fees to Include Motion for Sanctions Under Section 57.105, Florida Statutes (2018) filed.
Nov. 06, 2018 Initial Order.
Oct. 29, 2018 The Respondent's Amended Motion for Costs and Attorney's Fees filed. (FORMERLY DOAH CASE NO. 18-4235)

Orders for Case No: 18-005833F
Issue Date Document Summary
Jul. 08, 2020 Mandate
May 19, 2020 Opinion
Aug. 19, 2019 DOAH Final Order Petitioner is not entitled to attorneys' fees where Respondent had a good faith basis to pursue reimbursement of overpayment, the claim was supported by fact and law, and was not filed for an improper purpose.
Source:  Florida - Division of Administrative Hearings
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Florida Laws (7)
Florida Administrative Code (3)
DOAH Case (5)
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Cited By (17)
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