STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES

MICHAEL FEWLESS,

Petitioner,

Final Order No.: DMS-19-0105

1. DOAH CASE NO. 18-5787

   
   

   STATE OF FLORIDA,

   DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT,

   
   

   Respondent.

   /

   
   

   FINAL ORDER

   
   

   This matter comes before the Department of Management Services (“Department”) for entry of a Final Order in accordance with section 120.569(1), Florida Statutes.

   On July 18, 2019, The Honorable Gar W. Chisenhall, Administrative Law Judge, issued a Recommended Order in this action. Thereafter, Petitioner Michael Fewless (“Mr. Fewless”) filed a Notice of Voluntary Dismissal with Prejudice. After a thorough review of the record and being fully advised in the premises, the Department hereby makes the following findings:

   1. On September 25, 2018, Mr. Fewless filed a Petition for Administrative Hearing with the Department’s Agency Clerk. The matter was subsequently referred to the Division of Administrative Hearings on November 1, 2018.

   2. On July 18, 2019, the Honorable Gar W. Chisenhall, Administrative Law Judge, submitted a Recommended Order.

   3. On October 23, 2019, Mr. Fewless filed a Notice of Voluntary Dismissal with Prejudice

      
      

      with the Department’s Agency Clerk.

      
      

      Filed October 25, 2019 9:22 AM Division of Administrative Hearings

   4. In an administrative proceeding, agency jurisdiction ceases to exist when a petition is withdrawn or voluntarily dismissed. Rudloe v. Florida Department of Environmental

      Regulation, 517 So. 2d 731, 732 (Fla. 1st DCA 1987).

      
      

   5. This matter is due to be dismissed because the Department’s jurisdiction ceased when Mr.

Fewless voluntarily dismissed his petition with prejudice.

It is hereby ORDERED AND ADJUDGED:

1. Mr. Fewless’s Petition is hereby DISMISSED WITH PREJUDICE; and

   
   

2. This Final Order shall become effective on the date of filing with the Department’s Agency Clerk.

DONE and ORDERED on this day of , 2019.

Copies Furnished To:

JONATHAN SATTER, Agency Secretary Department of Management Services

4050 Esplanade Way, Suite 285

Tallahassee, Florida 32399

Michael Fewless

c/o The Andrews Law Firm Steven R. Andrews, Esq.

Ryan J. Andrews, Esq. 822 N. Monroe Street Tallahassee, Florida 32303 steve@andrewslaw.com ryan@andrewslaw.com

Chasity H. O’Steen, General Counsel Department of Management Services 4050 Esplanade Way, Suite 160

Tallahassee, FL 32399 Chasity.OSteen@dms.myflorida.com

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NOTICE OF RIGHT TO APPEAL

Unless expressly waived by a party such as in a stipulation or in other similar forms of settlement , any paity substantially affected by this Final Order may seek judicial review by filing an original notice of appeal with the agency clerk of the Department of Management Services, and a copy, accompanied by the filing fees prescribed by law, with the clerk of the appropriate District Court of Appeal. The notice of appeal must be filed within thirty (30) days of rendition of this order, in accordance with Rule 9.110, Florida Rules of Appellate Procedure, and Section 120.68, Florida Statutes.

Ce1tificatc of Clerk:

Filed in the Office of the Agency

).QA , 2019

,qc.,,

Clerk of the Departmj nt of Management Ser1 ces on this 41, day of

r_,,fu]

Diane Wint

eni°'--91JJJ

Agency Clerk

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Docket for Case No: 18-005787

Orders for Case No: 18-005787