1992-09-08 City's M/Str Parts of DCA's M.Consolidate ,' tl
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STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
CITY OF OKEECHOBEE, )
Petitioner, )
vs . ) DOAH Case No. 92-4909GM
) DCA Docket
No. 91-NOI-4701-( I)
DEPARTMENT OF COMMUNITY AFFAIRS, )
)
Respondent. )
)
CITY OF OKEECHOBEE 's MOTION TO STRIKE
PARTS OF DCA's MOTION TO CONSOLIDATE
Petitioner City of Okeechobee ( "City" ) , by and through its
undersigned attorneys, and pursuant to Rules 22I-6 . 003 and 22I-
6 . 016, and 28-5 . 205, Florida Administrative Code, hereby moves to
strike parts of the Motion to Consolidate filed by Respondent
Department of Community Affairs ( "DCA" or "Department" ) in the
above-referenced case on August 24, 1992 on the grounds that said
parts of the Department' s pleading purport to permit a nonparty to
these proceedings, Okeechobee County ( "County" ) , to seek
affirmative relief . In support of this motion to strike the City
states as follows :
1 . On August 24, 1992, the DCA filed a pleading styled
"Motion to Consolidate" in the above-referenced case. Although the
motion was signed and filed by counsel for DCA, the motion does not
contain a caption containing a designation identifying the party
filing the motion. See Fla. R. Civ. P. 1 . 100(c) .
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2 . The first sentence in the first undenominated paragraph of
the motion states in pertinent part: " . . .the Department of
Community Affairs (Department) and Okeechobee County (County) file
this Motion to Consolidate. . . "
3 . The first sentence of 118 of the motion states in
pertinent part: "The undersigned is authorized by Laura McCall, co-
counsel for Okeechobee County, to represent that the County joins
in the filing of this motion. "
4 . Division of Administrative Hearings ( "DOAH" or "Division" )
Rule 22I-6 . 003 ( 3) , Florida Administrative Code, provides that all
pleadings filed with the Division shall contain the name of the
party on whose behalf the pleading is filed.
5 . The undersigned attorneys for the City of Okeechobee are
unaware of any legal theory in local, state, federal or
international jurisprudence which permits a nonparty to seek
affirmative relief . The City respectfully suggests that if DOAH
Hearing Officers begin entertaining motions and entering orders on
motions made by movants who are not even parties to the Division ' s
proceedings, the result will be chaos .
WHEREFORE, Petitioner City of Okeechobee requests that the
Hearing Officer enter an order in which the Respondent Department
of Community Affairs is directed to: (a) strike the phrase "and
Okeechobee County" from the first sentence in the first
undenominated paragraph in the motion to consolidate filed by the
Department of August 24 , 1992; (b) strike the first sentence of 118
of the motion to consolidate filed by the Department; and (c)
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redesignate the title of the motion as "DCA' s Motion to
Consolidate" .
Respectfully submitted on
September A , 1992 by:
Michael Wm. Morell
Attorney at Law
310 West College Avenue
Tallahassee, Florida 32301-1406
( 904 ) 425-8300
and
John R. Cook
City Attorney
City of Okeechobee
202 N.W. 5th Avenue
Okeechobee, Florida 34972
( 813) 467-0297
Attorneys for City of Okeechobee
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the above and foregoing has
delivered by hand delivery to Karen Brodeen, Assistant General
Counsel, Department of Community Affairs, 2740 Centerview Drive,
Tallahassee, Florida, 32399-2100 and by U.S . Mail to John D.
Cassels, Jr. , County Attorney, Okeechobee County, 400 N.W. Second
Street, P.O. Box 968, Okeechobee, FL 34973; David D. Eastman, P.O.
Box 669, Tallahassee, FL 32302 ; and Robert V. Kennedy, 200 N.E. 4th
Avenue, Okeechobee, FL 34972, on this a4I day of September, 1992 .
UW94.1111(4
Michael Wm. Morell
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