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JOHN T. SUPER vs DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT, 20-001931 (2020)

Court: Division of Administrative Hearings, Florida Number: 20-001931 Visitors: 5
Petitioner: JOHN T. SUPER
Respondent: DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT
Judges: LINZIE F. BOGAN
Agency: Department of Management Services
Locations: Sarasota, Florida
Filed: Apr. 21, 2020
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, August 14, 2020.

Latest Update: Jun. 01, 2024
20001931_237_12212020_14462092_e.pdf


DocuSign Envelope ID: DB449672-22AC-45FF-B458-A2D9F0B22992


STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


JOHN T. SUPER,

Certificate of Clerk:

Filed in the office of the Clerk of The Department of Management Kristy Peltier, Agency Clerk


Petitioner,

Final Order No.: DMS-20-0067

  1. DOAH Case No.: 20-1931


    DEPARTMENT OF MANAGEMENT SERVICES DIVISION OF RETIREMENT,


    Respondent.

    /


    FINAL ORDER OF DISMISSAL


    THIS MATTER comes before the undersigned for the purpose of issuing a Final Order of Dismissal in accordance with the provisions of section 120.569(1), Florida Statutes. Having considered the pleadings and being otherwise fully advised in the premises, the undersigned finds as follows:

    1. On April 6, 2020, Petitioner filed a Petition for Formal Hearing (“Petition”) with the Department of Management Services, Division of Retirement (“Department”) challenging the Department’s decision to deny him credible retirement service from June 2018 to August 2019.

    2. Respondent referred the Petition the Division of Administrative Hearings (“DOAH”) on April 21, 2020.

    3. On August 13, 2020, a Joint Notice of Settlement, Petitioner’s Motion to Withdraw Petition for Formal Hearing and Petitioner’s Withdrawal of Pending Motion for Attorney’s Fees was filed with DOAH.

    4. On August 14, 2020, Linzie F. Bogan, Administrative Law Judge, issued an Order Closing File and Relinquishing Jurisdiction.


Filed December 21, 2020 2:46 PM Division of Administrative Hearings


Having considered the foregoing, it is hereby ORDERED AND ADJUDGED:


  1. Petitioner’s Petition for Formal Administrative Hearing is hereby DISMISSED and this case is CLOSED; and

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

DONE and ORDERED this 11/20/2020 | 12:23 PM EST


JONATHAN R. SATTER, Agency Secretary Department of Management Services

4050 Esplanade Way

Tallahassee, Florida 32399-0950


NOTICE OF RIGHT TO APPEAL


Unless expressly waived by a party such as in a stipulation or in other similar forms of settlement, any party 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 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, Fla. R. App. P., and section 120.68, Florida Statutes.


Copies Furnished To:


James F. Brantley, Esquire

Donnelly & Gross Suite A-1 2421 Northwest 41st Street Gainesville, Florida 32606

(eServed)


Gayla Grant, Esquire

Office of the General Counsel Department of Management Services 4050 Esplanade Way

Suite 160

Tallahassee, Florida 32399 (eServed)


Nikita S. Parker, Esquire Office of the General Counsel

Department of Management Services 4050 Esplanade Way

Suite 160

Tallahassee, Florida 32399 (eServed)


Certificate of Clerk:


Filed in the office of the Clerk of the Department of Management Services On this 11/23/2020 | 8:11 AM EST


Kristy Peltier Agency Clerk


Docket for Case No: 20-001931
Issue Date Proceedings
Dec. 21, 2020 Agency Final Order of Dismissal filed.
Aug. 14, 2020 Transmittal letter from Claudia Llado forwarding Respondent's Proposed Exhibits to Respondent.
Aug. 14, 2020 Order Closing File and Relinquishing Jurisdiction. CASE CLOSED.
Aug. 13, 2020 Joint Notice of Settlement, Petitioner's Motion to Withdraw Petition for Formal Hearing and Petitioner's Withdrawal of Pending Motion for Attorney's Fees filed.
Aug. 10, 2020 Petitioner's Third Notice of Filing Additional Exhibits (w/ Exh 21 attached) filed.
Aug. 07, 2020 Petitioner's Third Notice of Filing Additional Exhibits (w/Exh 21) filed.
Aug. 07, 2020 Respondent's Proposed Exhibits filed (exhibits not available for viewing).
Aug. 07, 2020 Petitioner's Third Notice of Filing Additional Exhibits filed.
Aug. 07, 2020 Respondent's Notice of Filing Witness List and Exhibits filed.
Aug. 06, 2020 Respondent's Notice of Taking Petitioner's Deposition By Zoom Conference filed.
Aug. 06, 2020 Order Denying Respondent's Second Motion to Continue of Final Hearing.
Aug. 05, 2020 Petitioner's Response in Opposition to Respondent's Second Motion to Continue Final Hearing filed.
Aug. 05, 2020 Respondent's Second Motion to Continue Final Hearing filed.
Aug. 05, 2020 Notice of Appearance (Sean Gellis) filed.
Aug. 04, 2020 Petitioner's Second Notice of Filing Additional Exhibits filed. (exhibits not available for viewing).
Aug. 03, 2020 Petitioner's Second Notice of Filing Additional Exhibits filed.
Jul. 31, 2020 Petitioner's Motion for Attorney's Fees Pursuant to 57.105 and 120.595, Florida Statutes filed.
Jul. 27, 2020 Respondent's Notice of Taking Non-Party Deposition by Zoom Conference filed.
Jul. 17, 2020 Petitioner's Notice of Filing Additional Exhibits filed (exhibits not available for viewing).
Jul. 10, 2020 Petitioner's Notice of Filing Additional Exhibits filed.
Jun. 18, 2020 Order Rescheduling Hearing by Video Teleconference (hearing set for August 14, 2020; 9:30 a.m.; Sarasota and Tallahassee, FL).
Jun. 01, 2020 Joint Response to Order Granting Continuance filed.
May 27, 2020 Order Granting Continuance (parties to advise status by June 10, 2020).
May 26, 2020 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
May 22, 2020 Petitioner's Notice of Filing Exhibits and Witness List filed.
May 22, 2020 Petitioner's Response in Opposition to Respondent's Motion to Continue Final Hearing filed.
May 22, 2020 Notice of Appearance (Nikita Parker) filed.
May 22, 2020 Respondent's Motion to Continue Final Hearing filed.
May 01, 2020 Order of Pre-hearing Instructions.
May 01, 2020 Notice of Hearing by Video Teleconference (hearing set for June 1, 2020; 9:30 a.m.; Sarasota and Tallahassee, FL).
Apr. 28, 2020 Joint Response to Initial Order filed.
Apr. 21, 2020 Initial Order.
Apr. 21, 2020 Agency action letter filed. 
 Confidential document; not available for viewing.
Apr. 21, 2020 Petition for Formal Hearing filed. 
 Confidential document; not available for viewing.
Apr. 21, 2020 Agency referral filed.

Orders for Case No: 20-001931
Issue Date Document Summary
Nov. 20, 2020 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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