STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DEPARTMENT OF PROFESSIONAL ) REGULATION, BOARD OF REAL ) ESTATE, )

)

Petitioner, )

)

vs. ) CASE NO. 87-4349

)

HOLGER BRONDSTED, )

)

Respondent. )

)

RECOMMENDED ORDER

Final hearing in this action was held on June 30, 1988, in Orlando, Florida, before Mary Clark, Hearing Officer of the Division of Administrative Hearings.

The parties were represented as follows:

For Petitioner: James H. Gillis, Esquire

Department of Professional Regulation Division of Real Estate

400 West Robinson Street Orlando, Florida 32802

For Respondent: No appearance.

In an Administrative Complaint dated August 21, 1987, Holger Brondsted was charged with violating Section 475.25(1)(b), Florida Statutes, by falsely representing that an FHA mortgage application had been submitted in a real estate transaction in which he was representing the sellers.

Mr. Brondsted's reguest for formal hearing reflected his address as in Copenhagen, Denmark. The case was referred to DOAH, and a hearing was scheduled. On February 24, 1988, Thomas S. Rice, Esquire, filed a Notice of Appearance on behalf of the Respondent.

At the same time, Mr. Rice directed a letter to the hearing officer requesting advice regarding alternatives available to his client who did not intend to return to the United States to defend, but still denied guilt or wrongdoing.

The letter was referred to counsel for DPR, and the case was placed in abeyance temporarily to allow the parties to determine whether the final hearing would be necessary. The Order of Abeyance was dated February 25, 1988.

The hearing was rescheduled when the parties failed to submit a status report within the prescribed deadline.

Counsel for Petitioner appeared at the hearing with an affidavit by Thomas Rice, Esquire, and a copy of an unsigned stipulation wherein Respondent agrees to voluntarily surrender his license while still denying misconduct. The Rice affidavit reflected that he and prior counsel for Petitioner, Steve Johnson, negotiated the settlement described in the stipulation and that Respondent signed the stipulation. This fact is supported by a separate affidavit from Thomas Rice's secretary, Barrie D. Patterson.

The executed stipulation was mailed by Rice to Steve Johnson, but was never received by DPR. Rice assumed that the matter was handled and removed the hearing from his calendar. When he was contacted by DPR the day before the hearing and was informed that the stipulation had not been received, he delivered the above-mentioned affidavit to the DPR office and explained he could not attend the hearing.

The hearing was convened, pursuant to the Amended Notice dated May 9, 1988.

Counsel for Petitioner recounted Rice's explanation for nonappearance and submitted a series of exhibits, including Respondent's license documentation, depositions from the complaining witnesses and the stipulation and affidavits described above. These exhibits were received and marked as Petitioner's Exhibits No. 1 - 9.

After the hearing, counsel for Petitioner submitted a proposed recommended order suggesting a penalty of 5 years suspension, which penalty is within the Board's disciplinary guidelines described in Rule 21V-24.001, Florida Administrative Code.

Counsel for Respondent filed a copy of his letter to Mr. Gillis apologizing for the confusion regarding the stipulation and hearing and reiterating his client's willingness to relinquish his license.

Based on the foregoing, it is hereby RECOMMENDED:

that a Final Order be entered finding that Respondent waived his right to a formal hearing and has voluntarily relinquished his license.

DONE and ORDERED this 16th day of August, 1988, in Tallahassee, Florida.

MARY CLARK

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 16th day of August, 1988.

COPIES FURNISHED:

James H. Gillis, Esquire Department of Professional

Regulation

Division of Real Estate

400 West Robinson Street Orlando, Florida 32802

Thomas Rice, Esquire 3001 Aloma Avenue

Winter Park, Florida 32792

Darlene F. Keller Executive Director Division of Real Estate

400 West Robinson Street Orlando, Florida 32802

William O'Neil General Counsel

Department of Professional Regulation

130 North Monroe Street Tallahassee, Florida 32399-0750

Docket for Case No: 87-004349

Orders for Case No: 87-004349