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MAXINE HOLST vs MARY LUEDERS BURNETT, 99-000149FE (1999)

Court: Division of Administrative Hearings, Florida Number: 99-000149FE Visitors: 28
Petitioner: MAXINE HOLST
Respondent: MARY LUEDERS BURNETT
Judges: CAROLYN S. HOLIFIELD
Agency: Commissions
Locations: Gainesville, Florida
Filed: Jan. 07, 1999
Status: Closed
Recommended Order on Wednesday, September 15, 1999.

Latest Update: Dec. 06, 1999
Summary: Whether Petitioners are entitled to recover costs and attorney's fees against Respondent and, if so, in what amount.Correction was made to COPIES FURNISHED section of the Recommended Order only.
RO.PDF

* RECOMMENDED ORDER


*NOTE: Correction was made to the COPIES FURNISHED section of the Recommended order only. Duplicate text not supplied.


RECOMMENDATION


Based upon the foregoing Findings of Fact and Conclusions of Law, it is hereby:

RECOMMENDED that a final order be entered finding that Respondent, Mary Lueders Burnett, is liable for attorney's fees of $4,509.47 and costs of $231.98.

RECOMMENDED this 30th day of September, 1999, in Tallahassee, Leon County, Florida.


CAROLYN S. HOLIFIELD

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.fl.us


Filed with the Clerk of the Division of Administrative Hearings this 30th day of September, 1999.


COPIES FURNISHED:


S. Scott Walker, Esquire Post Office Box 1070

Gainesville, Florida 32602-1070


Mary Lueders Burnett Post Office Box 381

McIntosh, Florida 32664-0381

Sheri L. Gerety, Complaint Coordinator Commission on Ethics

Post Office Drawer 15709 Tallahassee, Florida 32317-5709


Phil Claypool, General Counsel Commission on Ethics

Post Office Drawer 15709 Tallahassee, Florida 32317-5709


NOTICE OF RIGHT TO SUBMIT EXCEPTIONS


All parties have the right to submit written exceptions within 15 days from the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.



2


Docket for Case No: 99-000149FE
Issue Date Proceedings
Dec. 06, 1999 Final Order Dismissing Petition for Attorney Fees and Costs filed.
Nov. 17, 1999 Letter to S. Scott Walker from Judge Holifield sent out. (RE: response to stipulation of voluntary dismissal filed 10/18/99)
Oct. 18, 1999 (S. Walker, M. Burnett) Stipulation for Voluntary Dismissal; Order of Dismissal (for Judge Signature) filed.
Oct. 07, 1999 Letter to CSH from E. Wright Re: S. Walker payment filed.
Sep. 30, 1999 Letter to Parties from Judge Holifield sent out. (corrected page 26 and 27 of Recommended Order)
Sep. 30, 1999 (Petitioners) Exception to Recommended Order filed.
Sep. 15, 1999 Recommended Order sent out. CASE CLOSED. Hearing held 5/13/99.
Sep. 09, 1999 Letter to Scott Walker from Judge Holifield sent out. (enclosing copies of documents filed by Respondent)
Jul. 29, 1999 (S. Walker) Signed Signature Page (Petitioner`s Proposed Recommended Order) (filed via facsimile).
Jul. 29, 1999 Petitioner`s Proposed Recommended Order (unsigned) filed.
Jul. 09, 1999 Transcript of Hearing ; Condense It filed.
Jul. 09, 1999 Letter to Judge Holifield from E. Berlock Re: Dr. M. Burnett character filed.
Jun. 28, 1999 Letter to Judge Holifield from J. & J. Willis Re: M. Burnett`s character filed.
Jun. 18, 1999 Respondent`s Closing Statement; Respondent`s Proposed Recommended Order; Respondent`s Submittal of Evidence filed.
Jun. 10, 1999 Letter to Judge Holifield from Linda C. Ellwood, Re: Character reference for M. Burnett filed.
Jun. 08, 1999 Letter to Judge Holifield from F. Kopp, S. Kopp Re: Character reference for M. Burnett filed.
Jun. 07, 1999 Letter to Judge Holifield from A. Colwell Re: Hearing on 5/13/99; Letter to Judge Holifield from O. Orlandi Re: Enclosing clipping and copies relative to case filed.
Jun. 03, 1999 Letter to Judge Holifield from A. Allen Re: Character and good intentions when making decision filed.
Jun. 01, 1999 Letter to Letter to Judge Holifield from E. Wright Re: Mary Burnett character filed.
Jun. 01, 1999 Letter to Judge Holifield from B. Reark Re: Ms. Burnett character filed.
May 13, 1999 CASE STATUS: Hearing Held.
May 12, 1999 Order Allowing Expert Testimony by Telephone sent out.
May 07, 1999 (Respondent) Response to Petitioners` Motion to Allow Expert Testimony by Telephone (filed via facsimile).
May 05, 1999 (Respondent) Compliance With Pre-Hearing Order filed.
Apr. 30, 1999 Petitioners` Exhibit List; Exhibits; Compliance With Pre-Hearing Order; Motion to Allow Expert Testimony by Telephone filed.
Apr. 19, 1999 Order sent out. (Petitioner`s Motion for Protective Order is withdrawn)
Apr. 19, 1999 Letter to J. Steele from C. McCollum Re: Property violation (filed via facsimile).
Apr. 12, 1999 Respondent`s Motion for Protective Order; Notice of Taking Deposition (Duces Tecum); Letter to S. Walker from M. Burnett Re: Prehearing Order filed.
Apr. 12, 1999 Letter to A. Cole from M. Burnett Re: Request for subpoenas (filed via facsimile).
Apr. 09, 1999 Respondent`s Motion for Protective Order; Notice of Taking Deposition (Duces Tecum) (filed via facsimile).
Apr. 09, 1999 (S. Walker) Notice of Taking Deposition (Duces Tecum) filed.
Mar. 31, 1999 (Respondent) Response to Petitions for Attorney`s Fees and Costs filed.
Mar. 30, 1999 Letter to S. Walker from M. Burnett Re: Prehearing Order (filed via facsimile).
Mar. 09, 1999 Letter to C. Stampelos from M. Burnett Re: Investigative reports filed.
Feb. 22, 1999 Notice of Hearing sent out. (hearing set for 5/13/99; 9:30am; Gainesville)
Feb. 22, 1999 Order of Consolidation sent out. (Consolidated cases are: 99-0149FE, 99-0161FE & 99-0162FE)
Jan. 13, 1999 DOAH Notification Card sent out.
Jan. 07, 1999 Amendment to Determination of Investigative Jurisdiction and Order to Investigate; Report of Investigation; Advocate`s Recommendation; Public Report; Petition for Attorney`s Fees and Costs rec`d
Jan. 07, 1999 Agency Referral Letter; Complaint; Complaint (amendment); Complaint (amendment 2); Determination of Investigative Jurisdiction and Order to Investigate rec`d

Orders for Case No: 99-000149FE
Issue Date Document Summary
Nov. 30, 1999 Agency Final Order
Sep. 30, 1999 Recommended Order Correction was made to COPIES FURNISHED section of the Recommended Order only.
Sep. 15, 1999 Recommended Order Respondent`s ethics complaints filed with malicious intent to injure Petitioner`s reputation included false allegations and statements of which she had no personal knowledge and failed to check accuracy. Petitioner entitled to attorney`s fees.
Source:  Florida - Division of Administrative Hearings

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