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Home / Complaints / Final Orders / Final Orders 2013 / FCHR Order No. 13-072

FCHR Order No. 13-072

Date of Release: 12/18/2013

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

CAROLYN CLEVELAND

DCA Case No. 1D12-3557

Petitioner

EEOC No. 15D200800411

 

FCHR No. 2008-01170

v.

DOAH Case No. 13-1453

08-4552FC

WESTGATE HOME SALES, INC.

FCHR Order No. 13-072

Respondent

 

FINAL ORDER AWARDING PETITIONER APPELLATE ATTORNEY’S FEES AND COSTS

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 Petitioner $47,170.00 in appellate attorney’s fees and $764.36 in appellate 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.

On or about August 26, 2013, the Commission received “Petitioner’s Motion to Reopen Case and for Entry of Final Order by Commission Regarding Appellate Attorney’s Fees and Costs,” in which Petitioner requested that the Commission 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.

On October 16, 2013, the Commission issued an “Order Granting ‘Petitioner’s Motion to Reopen Case and for Entry of Final Order by Commission Regarding Appellate Attorney’s Fees and Costs,’” (FCHR Order No. 13-066), in which the Commission granted Petitioner’s request that the “Final Order on Attorney’s Fees and Costs” be treated by the Commission as a Recommended Order. This order also established a time frame for the filing of exceptions to the newly designated “Recommended Order.”

FCHR Order No. 13-072

Page 2

The Commission panel designated below considered the record of this matter and determined the action to be take on the “Final Order on Attorney’s Fees and Costs,” now being considered as a Recommended Order.

Findings of Fact

We find the Administrative Law Judge’s findings of fact as set out in the “Final Order on Attorney’s Fees and Costs,” now being considered by the Commission as a Recommended Order, to be supported by competent substantial evidence.

We adopt the Administrative Law Judge’s findings of fact.

Conclusions of Law

We find the Administrative Law Judge’s application of the law to the facts as set out in the “Final Order on Attorney’s Fees and Costs,” now being considered by the Commission as a Recommended Order, to result in a correct disposition of the matter.

We adopt the Administrative Law Judge’s conclusions of law.

Exceptions

Neither of the parties filed exceptions to the Administrative Law Judge’s “Final Order on Attorney’s Fees and Costs,” now being considered by the Commission as a Recommended Order, within the time frame for filing exceptions set out in FCHR Order No. 13-066.

Attorney’s Fees and Costs

Through our adoption of the Administrative Law Judge’s findings of fact and conclusions of law the award of appellate attorney’s fees and costs to Petitioner has been determined.

Respondent, Westgate Home Sales, Inc., is hereby ORDERED:

(1) to pay Petitioner appellate attorney’s fees in the amount of $47,170.00; and

(2) to pay Petitioner appellate costs in the amount of $764.36.

The parties have the right to seek judicial review of this Order. The Commission and the appropriate District Court of Appeal must receive notice of appeal within 30 days of the date this Order is filed with the Clerk of the Commission. Explanation of the right to appeal is found in Section 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure 9.110.

DONE AND ORDERED this 18th day of December , 2013.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

FCHR Order No. 13-072

Page 3

Commissioner Mario M. Valle, Panel Chairperson;

Commissioner Michell Long; and

Commissioner Gilbert M. Singer

Filed this 18th day of December , 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

Carolyn Cleveland

c/o Sharon H. Proctor, Esq.

Proctor Appellate Law, P.A.

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

FCHR Order No. 13-072

Page 4

I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this 18th day of December , 2013.

By: /s/

Clerk of the Commission

Florida Commission on Human Relations