STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
MANPOWER TEMPORARY | SERVICES, | ) | ||
) | ||||
Petitioner, | ) | |||
) | ||||
vs. | ) CASE | NO. | 85-4441F | |
) CASE | NO. | 85-4442F | ||
TONY R. MCCRAY, SR., )
)
Respondent. )
) MANPOWER TEMPORARY SERVICES, )
)
Petitioner, )
)
vs. ) CASE NO. 85-4443F
) CASE NO. 85-4444F
ALVIN STREETER, JR., )
)
Respondent. )
)
FINAL ORDER
The petitioner in these cases was named as a respondent in Tony R. McCray, Sr. v. American Fidelity Insurance Company and Manpower Temporary Services, Cases Nos. 85-2363 and 85-3026 (DOAH; Nov. 20, 1985) and in Alvin Streeter, Jr. v. Manpower Temporary Services, Cases Nos.
85-2618 and 85-3027 (DOAH; Nov. 20, 1985). When those two pairs of consolidated cases came on for hearing, Messrs.
McCray and Streeter, petitioners in those cases having the burden of proof in each, declined to go forward. They announced that they were going to pursue certain supposed federal remedies instead.
The present proceedings began with the filing of Manpower's motion to award attorney's fees, which has been docketed as a petition for costs and fees, as to each of the original cases. New files were opened, as is done in proceedings under Rule 221-6.35, Florida Administrative Code, and the Florida Equal Access to Justice Act, Section
57.111, Florida Statutes (1984 Supp.) Because the parties and issues are the same in each of the four cases, they are consolidated by this order for disposition.
Petitioner Manpower Temporary Services is not proceeding under the Florida Equal Access to Justice Act here. It has not pleaded facts qualifying it as a small business party or otherwise showing its entitlement under Rule 221-6.35, Florida Administrative Code, and Section 57.111, Florida Statutes (1984 Supp.) to recover attorney's fees or costs.
Instead, petitioner seeks "an Order under Florida Statute 57.105 awarding attorney's fees in the amount of
$2,500.00 as a part of the determination in favor of Manpower Temporary Services." But Section 57.105, Florida Statutes (1983) provides:
The court shall award a reasonable attorney's fee to the prevailing party in any civil action in which the court finds that there was a
complete absence of a justifiable issue of either law or fact raised by the losing party.
(Emphasis supplied.)
This statute authorizes courts, but not administrative agencies or hearing officers, to award attorney's fees.
1. Cases Nos. 85-444lF, 85-4442F, 85-4443F, and 85-
4444F are consolidated.
2. Petitioner's motion to award attorney's fees is denied.
DONE and ENTERED this 15th day of January, 1986, in Tallahassee, Florida.
ROBERT T. BENTON, II
Hearing Officer
Hearings
Hearings 1986.
Division of Administrative
The Oakland Building 2009 Apalachee Parkway
Tallahassee, Florida 32301
(904) 488-9675
Filed with the Clerk of the Division of Administrative
this 15th day of January,
COPIES FURNISHED:
Carl W. Boyles, Jr., Esquire Winn & Boyles
P. O. Box 150
Pensacola, Florida 32591-0150
Frederick J. Gant, Esquire
322 West Cervantes Street Pensacola, Florida 32501
| Issue Date | Proceedings |
|---|---|
| Jan. 15, 1986 | Final Order (hearing held , 2013). CASE CLOSED. |
| Issue Date | Document | Summary |
|---|---|---|
| Jan. 15, 1986 | DOAH Final Order | Section 57.105 does not authorize hearing officers to award attorney's fees. |
