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  5. FLORIDIAN COMMUNITY BANK, INC. vs OFFICE OF FINANCIAL REGULATION, 08-001460 (2008)

FLORIDIAN COMMUNITY BANK, INC. vs OFFICE OF FINANCIAL REGULATION, 08-001460 (2008)

Court: Division of Administrative Hearings, Florida Number: 08-001460 Visitors: 40
Petitioner: FLORIDIAN COMMUNITY BANK, INC.
Respondent: OFFICE OF FINANCIAL REGULATION
Judges: ERROL H. POWELL
Agency: Office of Financial Regulation
Locations: Lauderdale Lakes, Florida
Filed: Mar. 24, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, March 29, 2010.
Latest Update: Dec. 20, 2010
08001460 AFO

STATE OF FLORIDA

OFPICE Oii FINANCIAL REGULATION


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FLORIDIAN COMMUNITY BANK.

Petitioners,


vs. OFR Case No. 0447-B-07/07

(DOAH Case No. 08-1460)


OFFICE OF FINANCIAL REGlJLAfION.


Respondent.

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FINAL ORDER


On July 16, 2007, the Oflicc of Financial Regulation ('"OFR'' or the •'Office") received a Petition from Floridian Community Bank (''FCB'') seeking the modification of its Chartt:r Approval Order. On December 17, 2010. FCB filed a Withdrawal of its petition with the Office. In light of the withdrawal of the petition. there is no matter for consideration,

THEREFOl!E, IT IS HEREBY ORDERED that this case is closed without


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further action.


DONE and ORDERED this of December 20 l 0.


NOTICE (WRIGHTS


A PARTY \VHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW PURSUANT TO SECTION 120.68. FLORIDA


Filed December 20, 2010 12:01 PM Division of Administrative Hearings


STATUTES. REVIEW PROCEEDINGS ARE GOVERNED BY Tl IE FLORIDA RULES OF APPELLATE PROCEDURE. SUCH PROCEEDINGS ARE COl'vlMENCED BY fl UNG TI lE ORIGINAL NOTICE OF APPEAL WITH THE AGENCY CLERK FOR THE OFFICE OF FINANCIAL REGULATION AS

FOLLOWS:

,Bv Mail or Facsimile Agency Clerk

Office of Financial Regulation

P.O. Box 8050

Tallahassee, Florida 32314-8050

Phone: (850) 410-9800

Fax: (850) 410-9548

OR Bv Hand Delivery Agency Clerk

Office of financial Regulation

General Counsel's Office

The Fletcher Building, Suite 118 101 East Gaines Street TaHahassee, Florida 32399-0379

Phone: (850) 410-9896


A COPY OF THE NOTICE OF APPEAL, ACCOMPANIED BY THE FILING FEES AS REQUIRED BY LAW, MUST ALSO l3E FILED WlTH THE DISTRICT COURT OF APPEAL. FIRST DISTRICT, 301 S. MARTIN LUTHER KING, JR., BOULEVARD. TALLAHASSEE, FLORIDA 32399-1850. OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WIIERE TllE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITH BOTH THE AGE CY CLERK FOR THE OFFICE OF FINANCIAL REGULATION AND THE DISTRICT COURT OF APPEAL WITHIN 30 DAYS OF THE RENDITION OF THE ORDER TO BE REVIEWED.



CERTIFICATE 01< SERVICE


l HEREBY CERTffY that a true and correct copy of the foregoing Final Order was served by U.S. Mail, Xelectronic mail. or -1 hand delivery on: Edward W.

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Dougherty. Jr.. Esq., Igler arrcl Dougherty. P.A., 2457 Care Drive, Tallahassee, Florida 32308 and Craig B. Sherman, Esq., Sherman & Simone, P.A., 1000 Corporate Drive. Suite 310, Fort Lauderdale, FL 33334, this ·-· ·day of December 2010.

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.·· / .{t \.Qui ,y-Pc 'ock, Esq. fB # 0394572

    • · Oflicc of Financial Regulation 200 East Gaines Street, Suite 624 Tallahassee, Florida 32399-0371 850.410.9800

850.410.9548 {Fax)


Docket for Case No: 08-001460
Issue Date Proceedings
Dec. 20, 2010 Agency Final Order filed.
Mar. 30, 2010 Transmittal letter from Claudia Llado forwarding Respondent's Notice of Filing Under Seal to the agency.
Mar. 29, 2010 Order Closing File. CASE CLOSED.
Mar. 18, 2010 (Proposed) Order on Petitioner's Unopposed Motion for Holding Case in Abeyance filed.
Mar. 18, 2010 Petitioner, Floridan Community Bank's Unopposed Motion for Order Holding Case in Abeyance filed.
Mar. 08, 2010 Order Granting Respondent`s Second Motion To Compel.
Mar. 08, 2010 Order Granting Respondent`s Motion To Compel.
Sep. 28, 2009 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for April 26 through 30, 2010; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Sep. 17, 2009 Respondent's Response to Petitioner's Motion for Continuance, and Opposition on Related Discovery Issues filed.
Sep. 11, 2009 Petitioner's Partially Uncontested Motion for Continuance and Extension of Deadline for Completion of Discovery filed.
Sep. 10, 2009 CASE STATUS: Motion Hearing Held.
Sep. 03, 2009 Notice of Telephonic Motion Hearing (motion hearing set for September 10, 2009; 9:30 a.m.).
Aug. 31, 2009 Motion for Hearing on Respondent's Second Motion to Compel filed.
Aug. 24, 2009 Petitioner, Floridian Community Bank's Response to Respondent's Second Motion to Compel filed.
Aug. 20, 2009 Petitioner, Floridian Community Bank's Amended Response to OFR's Second Request for Production filed.
Aug. 14, 2009 Respondent's Second Motion to Compel filed.
Jun. 08, 2009 Notice of Service of Petitioner's Answer to Respondent's Second Interrogatories filed.
Jun. 08, 2009 Petitioner, Floridian Community Bank's Response to OFR's Second Request for Production filed.
May 29, 2009 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for October 5 through 9, 2009; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
May 26, 2009 Petitioner, Floridian Community Bank's Response to OFR's First Request for Admissions filed.
May 20, 2009 Respondent's Objection to Petitioner's Motion for Extension of Time to Respond to Respondent's Second Interrogatories, Second Request for Production and First Request for Admission filed.
May 19, 2009 Petitioner`s Motion for Extension of Time to Respond to Respondent`s Second Interrogatories, Second Request for Production, and First Request for Admission filed.
May 18, 2009 Notice of Serving Respondent's Answers to Petitioner's Third Set of Interrogatories filed.
May 06, 2009 Petitioner`s Amended Unconsented Motion for Continuance and Extension of Deadline for Completion of Discovery filed.
May 06, 2009 Respondent's Response to Petitioner's Consented Motion for Continuance and Extension of Deadline for Completion of Discovery Depositions filed.
May 05, 2009 Petitioner`s Consented Motion for Continuance and Extension of Deadline for Completion of Discovery Depositions filed.
May 01, 2009 Notice of Taking Deposition (week of May 18, 2009) filed.
May 01, 2009 Notice of Taking Deposition filed.
Apr. 21, 2009 Amended Notice of Hearing by Video Teleconference (hearing set for June 15 through 19, 2009; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL; amended as to Location and Video).
Apr. 21, 2009 Order Granting Video Teleconference Final Hearing.
Apr. 17, 2009 Notice of Service of Petitioner`s Third Set of Interrogatories to Respondent filed.
Apr. 17, 2009 Petitioner, Floridian Community Bank`s Request for Copies filed.
Apr. 16, 2009 Notice of Serving Respondent`s First Request for Admissions to Floridian Community Bank, Inc. filed.
Apr. 16, 2009 Notice of Serving Respondent`s Second Interrogatories to Petitioner filed.
Apr. 16, 2009 Respondent`s Second Request for Production filed.
Apr. 09, 2009 CASE STATUS: Motion Hearing Held.
Apr. 03, 2009 Petitioner, Floridian Community Bank`s Objection to Respondent`s Notice of Production From Non-party Subpoena Duces Tecum filed.
Apr. 01, 2009 Petitioner`s Response to Respondent`s Motion for Final Hearing to be Conducted by Video Teleconference filed.
Mar. 26, 2009 CASE STATUS: Motion Hearing Held.
Mar. 26, 2009 Subpoena Duces Tecum (AT&T Wireless Corporation Service Company) filed.
Mar. 26, 2009 Respondent`s Notice of Filing Under Seal (documents not available for viewing) filed.
Mar. 25, 2009 Respondent`s Notice of Production from Non-party filed.
Mar. 24, 2009 Respondent`s Motion for Final Hearing to be Conducted by Video Teleconference filed.
Mar. 19, 2009 Notice of Telephonic Hearing filed.
Mar. 19, 2009 Notice of Withdrawal and Subsitution of Co-counsel (filed by L. Quimby-Pennock) filed.
Mar. 18, 2009 Letter to Clerk from E. Dougherty enclosing omitted exhibit A from Petitioner`s Response to Respondent`s Motion to Compel filed.
Mar. 13, 2009 Notice of Service of Respondent`s Supplemental Answers to Petitioner`s First Set of Interrogatories filed.
Mar. 09, 2009 Order Granting Continuance and Re-scheduling Hearing (hearing set for June 15 through 19, 2009; 9:00 a.m.; Fort Lauderdale, FL).
Mar. 09, 2009 Order of Discovery and Pre-hearing Schedule.
Mar. 06, 2009 Petitioner, Floridian Community Bank`s Response to Respondent`s Motion to Compel filed.
Feb. 26, 2009 Respondent`s Motion to Compel filed.
Feb. 10, 2009 Respondent`s Proposed Discovery and Prehearing Schedule filed.
Feb. 09, 2009 Respondent`s Notice of Availability for Final Hearing filed.
Feb. 09, 2009 Petitioner, Floridian Community Bank's Notice of Available Dates for Final Hearing, Discovery, and Pre-hearing Schedule filed.
Feb. 05, 2009 CASE STATUS: Motion Hearing Held.
Feb. 03, 2009 Notice of Oral Argument (motion hearing set for February 5, 2009; 10:00 a.m.).
Feb. 03, 2009 Petitioner`s Notice of Taking Deposition of David M. Balkin filed.
Feb. 02, 2009 Petitioner`s Notice of Taking Deposition Duces Tecum of Kevin Michael Sackett filed.
Jan. 30, 2009 Petitioner`s Request for Expedited Oral Argument filed.
Jan. 30, 2009 Petitioner`s Objection to Respondent`s Motion for Continuance of Final Hearing filed.
Jan. 26, 2009 Order Regarding Motion to Compel.
Jan. 23, 2009 Notice of Service of Respondent`s Answers to Petitioner`s Second Interrogatories to Respondent filed.
Jan. 23, 2009 Respondent`s Motion for Continuance filed.
Jan. 23, 2009 Notice of Service of Petitioner`s Answers to Respondent`s First Interrogatories filed.
Jan. 15, 2009 Petitioner`s Motion for Extension of Time to Respond to Respondent`s First Interrogatories filed.
Jan. 13, 2009 Petitioner, Floridian Community Bank`s Response to OFR`s First Request for Production filed.
Jan. 07, 2009 Petitioner`s Fourth Amended Notice of Taking Videotaped Deposition of Linda Charity filed.
Dec. 23, 2008 Order Denying Petition to Intervene.
Dec. 18, 2008 Notice of Service of Petitioner`s Second Set of Interrogatories to Respondent filed.
Dec. 15, 2008 Notice of Serving Respondent`s First Interrogatories to Petitioner filed.
Dec. 10, 2008 Petitioner`s Third Amended Notice of Taking Videotaped Deposition of Linda Charity filed.
Dec. 10, 2008 Respondent`s First Request for Production filed.
Dec. 10, 2008 Petitioner`s Third Amended Notice of Taking Videotaped Deposition of Linda Townsend filed.
Nov. 24, 2008 Petitioner`s Second Amended Notice of Taking Videotaped Deposition of Linda Townsend filed.
Nov. 24, 2008 Petitioner`s Second Amended Notice of Taking Videotaped Deposition of Linda Charity filed.
Nov. 19, 2008 Notice of Oral Argument.
Nov. 19, 2008 Notice of Appearance (filed by C. Sherman) filed.
Nov. 13, 2008 Petitioner`s Amended Notice of Taking Deposition (Duces Tecum) of Linda Charity (by Video Tape) filed.
Nov. 13, 2008 Petitioner`s Amended Notice of Taking Deposition (Duces Tecum) of Linda Townsend (by Video Tape) filed.
Nov. 04, 2008 Petitioner`s Notice of Taking Deposition of Linda Charity filed.
Nov. 04, 2008 Petitioner`s Notice of Taking Deposition of Linda Townsend filed.
Oct. 28, 2008 Notice of Taking Depositions Duces Tecum filed.
Oct. 23, 2008 Intervenor, Joanne P. Gaines` Request for Oral Argument filed.
Oct. 22, 2008 Objection and Memorandum of Law in Opposition to Motion by Respondent to Strike Petition to Intervene filed.
Oct. 16, 2008 CASE STATUS: Motion Hearing Held.
Oct. 14, 2008 Response to and Motion to Strike Joanne P. Gaines` Petition to Intervene in Formal Administrative Proceedings Pursuant to Rule 28-106.205 filed.
Oct. 07, 2008 Amended Notice of Motion Hearing filed.
Oct. 03, 2008 Joanne P. Gaines Petition to Intervene in Formal Administrative Proceeding Pursuant to Rule 28-106.205 filed.
Oct. 02, 2008 Petitioner`s Notice of Motion Hearing filed.
Sep. 24, 2008 Order Denying Renewed Amended Motion.
Sep. 08, 2008 Order Granting Continuance and Re-scheduling Hearing (hearing set for February 16 through 20 and 23 through 27, 2009; 9:00 a.m.; Fort Lauderdale, FL).
Aug. 28, 2008 Respondent`s Response to Petitioner`s Uncontested Motion for Continuance filed.
Aug. 25, 2008 Uncontested Motion for Continuance filed.
Aug. 19, 2008 Respondent`s Supplemental Response to Motion by Petitioner to Compel Respondent to Provide Discovery filed.
Aug. 11, 2008 Response to Motion by Petitioners to Compel Respondent to Provide Discovery and Motion to Strike Petitioner`s Attempt to Coerce Discovery Responses to an Improperly Designated Party filed.
Aug. 04, 2008 Motion by Petitioners to Compel Respondent to Provide Discovery filed.
Jul. 30, 2008 Respondent`s Response to Petitioner`s Renewed Amended Motion for Reconsideration, for Leave to File Amended and Corrected Petition for Hearing, and for Clarification filed.
Jul. 25, 2008 Order Regarding Renewed Amended Motion.
Jul. 24, 2008 Amended Petition for Formal Administrative Hearing Pursuant to Section 120.57, Florida Statutes filed.
Jul. 24, 2008 Renewed Amended Motion for Reconsideration, for Leave to File Amended and Corrected Petition for Hearing, and for Clarification filed.
Jul. 15, 2008 Protective Order Governing Confidentiality of Production of Documents.
Jul. 11, 2008 BY ORDER OF THE COURT: Appeal dismissed.
Jul. 09, 2008 Notice of Voluntary Dismissal filed in the Fourth DCA.
Jul. 02, 2008 Notice of Appearance as Co-counsel filed.
Jun. 30, 2008 Acknowledgment of New Case, DCA Case No. 4D08-2531 filed.
Jun. 23, 2008 Notice of Appeal filed and Certified copy sent to the Fourth District Court of Appeal this date filed.
Jun. 19, 2008 Amended Petition for Formal Administrative Hearing Pursuant to Section 120.57, Florida Statutes filed.
Jun. 19, 2008 Amended Motion for Reconsideration, for Leave to File Amended and Corrected Petition for Hearing, and for Clarification filed.
Jun. 17, 2008 Order Regarding Motion for Protective Order.
Jun. 13, 2008 Amended Petition for Formal Administrative Hearing Pursuant to Section 120.57, Florida Statutes filed.
Jun. 13, 2008 Motion for Resconsideration, for Leave to Amend Petition for Hearing, and for Clarification filed.
Jun. 11, 2008 Petitioner`s Notice of Withdrawal of Objection to Respondent`s Motion for Protective Order filed.
Jun. 10, 2008 CASE STATUS: Motion Hearing Held.
Jun. 10, 2008 Respondent`s Notice of Filing Documents Regarding Respondent`s Motion for Protective Order filed.
May 22, 2008 Order Granting Motion To Drop Improperly Joined Petitioner.
May 22, 2008 Petitioners` Response to Respondent`s Motion for Protective Order filed.
May 14, 2008 Notice of Service of Written Response to Petitioner`s First Request for Production of Documents filed.
May 14, 2008 Notice of Service of Response to Petitioner`s First Set of Interrogatories to Respondent filed.
May 08, 2008 Respondent`s Motion for Entry of Protective Order (with Proposed Order attached) filed.
Apr. 18, 2008 CASE STATUS: Motion Hearing Held.
Apr. 18, 2008 Respondent`s Notice of Filing filed.
Apr. 18, 2008 Order Granting Oral Argument.
Apr. 17, 2008 Notice of Hearing filed.
Apr. 17, 2008 Respondent`s Motion Requesting Oral Argument filed.
Apr. 11, 2008 Petitioners` Response to Respondent`s Motion to Drop Improperly Joined Party filed.
Apr. 11, 2008 Petitioner`s First Request for Production to Respondent filed.
Apr. 11, 2008 Notice of Service of Petitioner`s First Interrogatories to Respondent filed.
Apr. 04, 2008 Respondent`s Motion to Drop Improperly Joined Petitioner filed.
Apr. 04, 2008 Order of Pre-hearing Instructions.
Apr. 04, 2008 Notice of Hearing (hearing set for September 9 through 12 and 16 through 19, 2008; 9:00 a.m.; Fort Lauderdale, FL).
Mar. 28, 2008 Respondent`s Response to Initial Order filed.
Mar. 24, 2008 Floridian Community Bank, Inc.`s Notice of Proposal to Appoint Joanne P. Gaines to its Board of Directors and Request for Notice of Non-Disapproval or Alternatively Request for Modification of Charter Approval Order filed.
Mar. 24, 2008 Notice of Intent to Deny filed.
Mar. 24, 2008 Petition for Formal Administrative Hearing Pursuant to Section 120.57, Florida Statutes filed.
Mar. 24, 2008 Agency referral filed.
Mar. 24, 2008 Initial Order.

Orders for Case No: 08-001460
Issue Date Document Summary
Dec. 20, 2010 Agency Final Order
Source:  Florida - Division of Administrative Hearings
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