FINAL ORDER NO. DCA 05-GM-043 STATE OF FLORIDA = DEPARTMENT OF COMMUNITY AFFAIRS a : ES SH 3, LTD., = QO Petitioner, a > AS El = VS. we c DOAH CASE NO. 04-3712GM DEPARTMENT OF COMMUNITY AFFAIRS, Respondent. / FINAL ORDER An Administrative Law Judge of the Division of Administrative Hearings has entered an Order Closing File in this proceeding. A copy of the Order is attached to this Final Order as Exhibit A. BACKGROUND This is a proceeding whereby SH 3 LTD., filed a Petition for Formal Administrative Hearing with regard to DCA Final Order No.: DCA04-OR-166. In the Final Order, the Department of Community Affairs rejected City of Marathon Ordinance 2004-06 for inconsistency with the City of Marathon Comprehensive Plan and the Principles for Guiding Development pursuant to Section 380.0552(7), Florida Statutes. Counsel for Petitioner, SH 3, LTD., filed a Notice of Voluntary Dismissal on February 22, 2005. On February 23, 2004 the Administrative Law Judge issued an Order Closing File and canceling the hearing scheduled for March 1, 2005, (copy attached hereto). FINAL ORDER NO. DCA 99-GM-043 ORDER WHEREFORE, it is ORDERED that the above-captioned proceeding is DISMISSED, and the Agency Clerk is directed to close the file. DONE AND ORDERED in Tallahassee, Florida. THADDEUS L. COHEN, AIA Secretary DEPARTMENT OF COMMUNITY AFFAIRS NOTICE OF RIGHTS EACH PARTY IS HEREBY ADVISED OF ITS RIGHT TO SEEK JUDICIAL REVIEW OF THIS FINAL ORDER PURSUANT TO SECTION 120.68, FLORIDA STATUTES, AND FLORIDA RULES OF APPELLATE PROCEDURE 9.030(b)(1)(C) AND 9.110. TO INITIATE AN APPEAL OF THIS ORDER, A NOTICE OF APPEAL MUST BE FILED WITH THE DEPARTMENT'S AGENCY CLERK, 2555 SHUMARD OAK BOULEVARD, TALLAHASSEE, FLORIDA 32399-2100, WITHIN 30 DAYS OF THE DAY THIS ORDER IS FILED WITH THE AGENCY CLERK. THE NOTICE OF APPEAL MUST BE SUBSTANTIALLY IN THE FORM PRESCRIBED BY FLORIDA RULE OF APPELLATE PROCEDURE 9.900(a). A COPY OF THE NOTICE OF APPEAL MUST BE FILED WITH THE APPROPRIATE DISTRICT COURT OF APPEAL AND MUST BE ACCOMPANIED BY THE FILING FEE SPECIFIED IN SECTION 35.22(3), FLORIDA STATUTES. YOU WAIVE YOUR RIGHT TO JUDICIAL REVIEW IF THE NOTICE OF APPEAL 1S NOT TIMELY FILED WITH THE AGENCY CLERK AND THE APPROPRIATE DISTRICT COURT OF APPEAL. MEDIATION UNDER SECTION 120.573, FLA. STAT., IS NOT AVAILABLE WITH RESPECT TO THE ISSUES RESOLVED BY THIS ORDER. FINAL ORDER NO. DCA 99-GM-043 CERTIFICATE OF FILING AND SERVICE I HEREBY CERTIFY that the original of the foregoing has been filed with the undersigned Agency Clerk of the Department of Community Affairs, and that true and cored copies have been furnished to the persons listed below in the manner described, on this day of March, 2005. Paula Ford Agency Clerk Hand Delivery: US. Mail: The Honorable Charles A. Stampelos Robert C. Apgar, Esq. Division of Administrative Hearings Greenberg Traurig, P.A. The DeSoto Building 101 East College Avenue 1230 Apalachee Parkway Tallahassee, Florida 32301 Tallahassee, FL 32399-1550 Richard E. Shine, Esq. Assistant General Counsel Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 STATE OF FLORIDA , jf SyS * DIVISION OF ADMINISTRATIVE HEARINGS | SH 3, LTD., Petitioner, vs. Case No. 04-3712GM DEPARTMENT OF COMMUNITY AFFAIRS, Respondent. wee SS SS ORDER CLOSING FILE This cause having come before the undersigned on Petitioner's Notice of Voluntary Dismissal filed February 22, 2005, and the undersigned being fully advised, it is, therefore, ORDERED that: 1. The final hearing in this cause scheduled for March 1, 2005, is hereby cancelled. 2. The file of the Division of Administrative Hearings in the above-captioned matter is hereby closed. DONE AND ORDERED this 23rd day of February, 2005, in Tallahassee, Leon County, Florida. Lie alew Ab CHARLES A. STAMPELOS 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.fi.us : Filed with the Clerk of the Division of Administrative Hearings this 23rd day of February, 2005. COPIES FURNISHED: Robert C. Apgar, Esquire Greenberg Traurig, P.A. 101 East College Avenue Tallahassee, Florida 32301 Richard E. Shine, Esquire Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 STATE OF FLORIDA pee DIVISION OF ADMINISTRATIVE HEARINGS SH 3, LTD., Petitioner, Case No. 04-3712GM VS. DEPARTMENT OF COMMUNITY AFFAIRS, Respondent. ee eS SS NOTICE OF VOLUNTARY DISMISSAL Petitioner, SH 3, LTD., by and through its undersigned counsel. pursuant to Rule 1.420(a)(1), Florida Rules of Civil Procedure, hereby gives notice of its voluntarily dismissal of the above-styled action. Each party is to bear its own attorneys’ fees and costs. J . . n>? os Respectfully submitted this L€day of February, 2005. GREENBERG TRAURIG, P.A. 101 E. College Avenue Post Office Drawer 1838 Tallahasseé, FL 32R02 Be one: (8A) 222-891 ‘ac: simile: (? 2. id Ans S| Mayo Robert C. Apgar : for SH 3, LTD. CERTIFICATE OF SERVICE I CERTIFY that a true copy of the foregoing has been sent by Telefax and United States Postal Service to the following persons on this24 *" day of February, 2005. Richard Shine, Assistant General Counsel Department of Community Affairs 2555 Shumard Oaks Blvd., Suite 325 Tallahassee, FL 32399 a ; a a / \ i LA Uae oe if .C. Apgar

Docket for Case No: 04-003712GM