Skip to Main Content. Please Contact Us if there is anything we can do to improve the Accessibility of this site.
  • Search:

Right menu

Left menu


Home / Complaints / Final Orders / Final Orders 2013 / FCHR Order No. 13-066

FCHR Order No. 13-066

Date of Release: 10/16/2013

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

 

CAROLYN CLEVELAND

DCA Case No. 1D12-3557

 

Petitioner

EEOC Case No. 15D200800411

   

FCHR Case No. 2008-01170

 

v.

DOAH Case Nos. 13-1453FC

08-4552

 

WESTGATE HOME SALES, INC.

FCHR Order No. 13-066

 

Respondent

 

ORDER GRANTING “PETITIONER’S MOTION TO REOPEN CASE AND FOR ENTRY OF FINAL ORDER BY COMMISSION REGARDING APPELLATE ATTORNEY’S FEES AND COSTS” AND ESTABLISHING TIME FOR FILING EXCEPTIONS TO ORDER OF ADMINISTRATIVE LAW JUDGE

This matter is before the Commission for consideration of “Petitioner’s Motion to Reopen Case and for Entry of Final Order by Commission Regarding Appellate Attorney’s Fees and Costs,” received by the Commission on August 26, 2013.

Preliminary Matters

On March 27, 2013, the First District Court of Appeal provisionally granted Appellee Cleveland’s Motion for Attorney’s Fees and Costs in DCA Case No. 1D12-3557, and remanded the case to the Commission to assess the amount of fees.

On April 18, 2013, the Commission transmitted the case to the Division of Administrative Hearings to conduct all necessary proceedings and submit recommended findings to the Commission.

On July 23, 2013, Administrative Law Judge Barbara J. Staros issued a “Final Order on Attorney’s Fees and Costs,” awarding amounts certain to Petitioner for appellate attorney’s fees and costs. This order recognizes that the Commission had requested the Division of Administrative Hearings to make “recommended findings,” but concludes it appropriate for the order issued by the Division of Administrative Hearings to be a “final” order rather than a “recommended” order. See Final Order on Attorney’s Fees and Costs, endnote 2.

Petitioner’s motion currently before the Commission, requests the Commission to treat the “Final Order on Attorney’s Fees and Costs,” as a recommended order, and to issue a final order accepting the amounts contained therein as the amounts to be awarded Petitioner.

FCHR Order No. 13-066

Page 2

Ruling on Motion

Petitioner’s request that the “Final Order on Attorney’s Fees and Costs” be treated by the Commission as a recommended order is GRANTED.

Time for Filing Exceptions

Since it is determined that the “Final Order on Attorney’s Fees and Costs,” in DOAH Case No. 13-1453FC, dated July 23, 2013, will be treated by the Commission as a recommended order, it is ORDERED that the parties have 15 days from the date this order is filed to file with the Commission exceptions to the “Final Order on Attorney’s Fees and Costs.”

DONE AND ORDERED this 16th day of October , 2013.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer, Panel Chairperson;

Commissioner Michell Long; and

Commissioner Mario M. Valle

Filed this 16th day of October , 2013,

in Tallahassee, Florida.

/s/

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

Copies furnished to:

Carolyn Cleveland

c/o Jennifer C. Biewend, Esq.

Avera & Smith, LLP

2814 Southwest 13th Street

Gainesville, FL 32608

FCHR Order No. 13-066

Page 3

Carolyn Cleveland

c/o Sharon H. Proctor, Esq.

Proctor Appellate Law, PA

6290 Ronald Reagan Boulevard, Suite 307

Lake Saint Louis, MO 63367

Westgate Home Sales, Inc.

c/o Kris B. Robinson, Esq.

Robinson, Kennon & Kendron, P.A.

582 West Duval Street

Post Office Box 1178

Lake City, FL 32056-1178

Barbara J. Staros, Administrative Law Judge, DOAH

James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this 16th day of October , 2013.

By: /s/

Clerk of the Commission

Florida Commission on Human Relations