Soini v. Unemployment & CityIN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT, P.O. BOX 3315, WEST PALM BEACH, FL 33402
MARY H. SOINI
Appellant(s),
vs.
UNEMPLOYMENT APPEALS
COMMISSION, et al.
Appellee(s) .
October 30, 1997
BY ORDER OF THE COURT:
CASE NO. 97 -01574
L.T. CASE NO. 97 -2095
PALM BEACH
ORDERED that appellee's motion filed September 29, 1997,
to dismiss is granted, and the above - styled appeal is hereby
dismissed.
hereb
true cop
CLERK
certify the 4bregoing is a
of the/original court order.
JBEUTTE 'TMU EL R
cc: Mary H. Soini
Unemployment Appeals Comm.
City of Okeechobee
/CH
STATE OF FLORIDA
UNEMPLOYMENT APPEALS COMMISSION
Suite 300, Webster Bldg.
2761 Executive Center Circle, W.
Tallahassee, Florida 32399 -0681
Claimant /Appellant
MARY H. SOINI DCA Case No. 97 -01574
ssn 265 -90 -1808
NOTICE OF APPEARANCE
COMES NOW the undersigned, JOHN R. COOK, who states the
following:
THAT JOHN R. COOK announces his notice of appearance and
representation of the CITY OF OKEECHOBEE, and requests
that all further pleadings be directed to the undersigned.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that the original hereof was forwarded to the
Unemployment Appeals Commission, and a true copy hereof was
furnished by US Mail this day of June, 1997 to Mary H. Soini,
512 N.W. 16th Street, Okeech bee, Florida 34972.
John R. Cook
City Attorney
City of Okeechobee
55 S.E. 3rd Avenue
Okeechobee, Florida 34972
Florida Bar No. 262951
STATE OF FLORIDA
UNEMPLOYMENT APPEALS COMMISSION
300 Webster Building
2671 Executive Center Circle, West
Tallahassee, Florida 32399 -0681
904/487 -2685 • Fax 904/488 -2123 • TDD 904/922 -9314
June 3, 1997
CITY OF OKEECHOBEE
55 SE 3RD AVE
OKEECHOBEE FL 34974
Re:
ATTN: John R. Cook
Dear Mr. Cook:
MARY H SOINI
SSAN 265 -90 -1808
Ref.'s Dec. No. 97 -2454U
UAC Docket No. 97 -02095
DCA Case No. 97 -01574
Your brief dated May 1, 1997, has been referred to me
for response.
The Commission rendered its order on April 21, 1997,
affirming the referee's decision holding the claimant
disqualified from receipt of benefits. Your brief was not
received until after the Commission issued its order;
therefore, it could not be reviewed in connection with your
case. The claimant has appealed the Commission's order to the
V Oj. ii District Court :r Appeals, where it is currently
pending review. The claimant has not, to date, filed her
brief in the court action.
Sincerely
Join xger, Attorney
Unemplcyment {Appeals Commission
JWK /mk
STATE OF FLORIDA
UNEMPLOYMENT APPEALS COMMISSION
Suite 300, Webster Bldg.
2761 Executive Center Circle, W.
Tallahassee, Florida 32399 -0681
Claimant /Appellant
MARY H. SO I N I
ssn 265 -90 -1808 TTAC no. 97 -02095
/ Referee's Dec. no. 97 -2454U
UNILATERAL BRIEF OF APPELLEE
THE APPELLEE, the City of Okeechobee, Florida, pursuant to the
provisions of Rule 38E- 3.004, in light of the apparent waiver of
Appellant Mary H. Soini to file a brief in this cause, submits the
following appellee brief in support of the referee's decision in
this matter, as follows:
1. That this matter was heard by telephone conference by the
referee on February 12, 1997, at which time the appellant /claimant
submitted all evidence available to her regarding her termination
of employment with the City of Okeechobee, Florida.
2. That the handwritten request for an appeal by claimant
filed with the commission is essentially a request to reopen the
evidence and the testimony heard at the telephone hearing of
February 12, 1997, and not permitted under the applicable rules.
3. That at the telephonic hearing, the referee heard the
7
evidence, including the investigation performed by the City Clerk,
who also acts as personnel director for the City, which concluded
after interviewing both the witnesses for the City, and witnesses
for the claimant, that no substantial issues were raised by the
claimant, nor any evidence of wrongdoing by other employees of the
City.
4. That it is clear that on November 4, 1996, the claimant
submitted a brief note to her supervisor in the police department,
stating that she resigned her employment, to seek employment
elsewhere.
5. It is submitted that the claimant received a full and fair
hearing of her termination by the referee on February 12, 1997, and
that her appeal and attempt to reopen the evidence should be denied
by the Commission.
SUBMITTED this / day of May, 1997.
I HEREBY CERTIFY that the original hereof was forwarded to the
Unemployment appeals commission, and a true copy hereof was
furnished by US Mail this day of May, 1997 to Mary H. Soini,
512 N.W. 16th St. Okeechobee, Florida 34972.
JOHN R. COOK
City Attorney
City of Okeechobee
55 S.E. 3rd Avenue
Okeechobee, Florida 34972
Florida Bar no. 262951
fir
IA 52%
_;� p ,,.�� City of Okeechobee
• .._1#
55 S.E. Third Avenue • Okeechobee, Florida 34974 - 2932.813/763 -3372
May 1, 1997
John Drago
City Administrator
55 S.E. 3rd Ave.
Okeechobee, Florida 34972
re: employee Mary Soini
Dear John:
I want to bring you up to date, and submit our billing for
this litigation involving the attempt by Mary Soini to recover
unemployment benefits due to her leaving the employ of the City.
You will recall I met with the Chief of Police; the Clerk;
yourself; and conducted a telephonic hearing with the clerk on
February 12, 1997; all of which indicated that Mary's complaints
were not substantiated, and that she should not be entitled to
unemployment benefits. I might add that the investigation performed
by the City Clerk at my request proved to be invaluable at the
telephone hearing.
Nevertheless, Mary filed an appeal from the decision of the
referee to the State unemployment commission. Since her appeal, I
have seen no further paperwork. However, we are permitted as
appellee to file our own response, and out of caution, I did in
fact prepare a brief response, and filed it with the State. I do
not expect a different result at this level.
Kindest Regards,
:r. C• .k
City Attorney
JRC.rb
LAW OFFICES
JOHN R. COOK
202 NW 5TH AVENUE
OKEECHOBEE, FLORIDA 34972
TELEPHONE (941) 467 .0297
FAX (941) 4674798
May 1, 1997
BILLING STATEMENT
MARY H. SOINI
conference with Chief .8
call to Drago & Bonnie .3
review report from Bonnie .3
call to Bonnie re: hearing .1
review materials for hearing .4
hearing on 2/12/97 .5
review appeal by Soini .3
call from Bonnie & Chief .2
prepare City brief .5
letter to Drago .1
TOTAL HOURS 3.5
3.5 hrs. @ $75.00/hr. _ $262.50
TOTAL DUE $262.50
Thank you.
() ,,, ,,)
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STATE OE FLORIDA rea 9-, )9(P1
//:60 Y-I
UNEMPLOYMENT APPEALS COMMISSION
Suite 300, Webster Building
2671 Executive Center Circle, West
Tallahassee, Florida 32399 -0681
904/487 -2685 Fax 904/488 -2123 TDD 904/922 -9314
(Hearing Impaired) (---)
Claimant /Appellant UAC No. 97 -02095
Referee's Dec. No. 97 -2454U
MARY H SOINI
512 NW 16TH ST
OKEECHOBEE FL 34972
SSAN: 265 -90 -1808
Date Appeal Filed: 03/04/97
NOTICE OF DOCKETING
The official record which was before the Appeals Referee, including
the recorded testimony, will be reviewed by the Commission. The
Commission's Order will be sent by mail. Any change of address must
be reported in writing to the Commission at:
Suite 300, Webster Building
2671 Executive Center Circle, West
Tallahassee, FL 32399 -0681
Employer No. - 9975445
QTY OF OKEECHOBEE
55 SE 3RD AVE
OKEECHOBEE FL 34974
Benefits Payment Section
UCCO- 3664 -1
Other copies mailed to:
PLEASE INDICATE THE CLAIMANT'S
NAME, SSAN AND UAC NO. ON ALL
CORRESPONDENCE SENT TO THE UAC.
Encl.: Commission's Rules of Procedure.
APR 021991
Date of Mailing
NOTE: ANY CORRESPONDENCE REGARDING YOUR APPEAL MUST
BE ON STANDARD 8 1/2 by 11 PAPER.
PERTINENT FOR APPEALS
LOYMENTAPPEALSCO) COMMISSION
THE
O
38E -2.004 Computation of Time.
(1) In computing any period of time prescribed or allowed by heseorules, the date
of rendition of a decision, order, notice, or the filing of an appeal
designated period of time begins t shall last day period
shall be counted unless it is a Saturday, Sunda or holiday.
shall run until the end of the next day that is not a Saturday, Sunday
(2) As used in this rule, holiday means:
(a) Those dates so designated by the Section 110.117,
Florida Statutes;
CO Any other day on which the of the closed; and
(c) Any other day on which the United States Postal
38E -2.005 Notice to Parties.
(1) All interested parties shall be notified in writing of the pendency of review
by the Commission.
(2) A copy of all briefs, motions, opposing documents and correspondence filed with the
Commission shall be served on the
38E -2.006 Representation. resent himself or be
(1) In proceedings before the Commission, a party may represent
represented by an authorized representative.
(2) Unless notification of continued rep an sappealsnrefereeeshall with
notthe
retai n such a
party's representative in proceedings before
status before the Commission.
(3) A party's representative before Commission shall ve
of record and shall receive all notices, documents
notice of withdrawal is filed with the Commission. ato the proceeding or any person who has
38E -2.007 Ex Parte•Communications. No party
a direct or indirect interest in the proceeding shall comnicaS1ewiths the C
Commissionived
members concerning the merits of the appeal unless all parties
their right to be present.
38E -3.002 Review by the Commission.
(1) The review conducted by the Commission the appealserefereedand suchenewcevidence as
within the official record which was before
accepted by the Commission pursuant to Rule 38E- 3.005.
(2) The Commission may relinquish jurisdiction and direct the taking of additional
evidence by an appeals referee or other hearing officer. The evidence shall be taken as
. Unless
prescribed by rule for the taking evidence
revert to therCommission before
for ffinal disposition.
C
otherwise directed, jurisdiction shall
(3) The Commission sion shall remietentthe
substantial referee's
evidencedecision
the record determine
thewhether
legal
the findings are supported by competent requirements of the law. By written
conclusions are in accord with the essential req ii
decision, the Commission shall affirm, modify, or reverse the referee's decision, or
shall remand with instructions.
38E.3.003 Record on Appeal.
(1) The contents of the record shall consist only of:
(a) All notices, pleadings, motions, intermediate rulings,
wa and evidelcerreceivedf or
considered by the appeals referee or other hearing officer,
proof, objections and rulings thereon;
(b) All agency memoranda or data submitted appeals the
officer, provided that such memoranda or artiest
appeal, after notice of
upon the record
submission an ex parte communication pursuant to
(cc) ) All matte placed
120.66(2), Florida Statutes;
(d) The tape recording of the proceedings made by or under the supervision of the
appeals referee or other hearing officer;
(e) The decision of the appeals referee or special examiner, if any;
(f) The notice of docketing of the
orderlofftheeCroeraission removing the proceedings
to itself or initiating
Unemployment Appeals COII°°eviewnupon its own motion;
Pr<: jrc >7 r
pis 1 v l / 1
Unemployment
Appeals Commission
97 02095
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EMPLOYEE PERFORMANCE EVALUATION
CLERICAL FORM
Employee: Sp, J) , /7 /Yy
Department: A)/)-G
i
TOTAL SCORE FACTOR + TOTAL WEIGHT FACTOR = WEIGFrED AVERAGE
Employee Rating
+ 25
Do Not Recommend Merit Increase
, _�•
Date
Prepared:
els of performance
ays listed in this
PT
= 4 pts.
tory = 3 pts.
= 2 pts.
= 1 pt.
= 0 pts.
utstanding
bove Satisfactory
atisfactory
onditional
nsatisfactory
Recommend Merit Increase
Will Re- evaluate in 90 days
COMMENTS:
Date
levised 7/86
Knowledge of-Work 1
SCORE
X
WEIGHT
=
SCORE
FACTOR
NOTE: The lei
are all
3
X
3
=
Quality of Work 2
X
3
=
order:
Outstanding
Above Satisfa
Satisfactory
Conditional
Unsatisfactor
KEY.
Productivity 3
3
x
4
=
< Z-
Initiative 4
3
X
2
=
(p•
Dependability 5
3
X
2
=
Attendance 6
X
3
=
/
3.6 - 4.0 = +
3.0 - 3.5 =
2.0 - 2.9
1.0 - 1.9 = i
0 - .9 = 1
Total
Score Factor
Work Habits 7
X
2
_
Cooperation 8
X
3
=
G`
Public Contact 9
-5
X
2
=
LP
Safety 10
y
X
1
=
Li.
Total Weight Factor = 25
/157"
i
TOTAL SCORE FACTOR + TOTAL WEIGHT FACTOR = WEIGFrED AVERAGE
Employee Rating
+ 25
Do Not Recommend Merit Increase
, _�•
Date
Prepared:
els of performance
ays listed in this
PT
= 4 pts.
tory = 3 pts.
= 2 pts.
= 1 pt.
= 0 pts.
utstanding
bove Satisfactory
atisfactory
onditional
nsatisfactory
Recommend Merit Increase
Will Re- evaluate in 90 days
COMMENTS:
Date
levised 7/86
CITY OF OKEECHOBEE
TO: FINANCE DEPARTMENT
The following information should
Effective:
Employee
Department
Position
September 1. 1996
Mary Soini
Police
OCT, 1 1996 :tl
RECF.IVED 1.
rF�
be entered into your records.
Records clerk
Annual Salary 18,000.
CHANGE INTENDED :
FROM:
TO:
Department Police
Position Probationary
Salary
Rate
REASON:
18,000.
ecoras er
18,000.
Hired
Re -hired
X promotion
Layoff
Terminated
Leave of absence from
Evaluation Period Completed
Transfer
Resignation
Length of Service Pay
until
Date Date
Other (Explain)
Change Requested by: `C113ef•=iolosaleya/‘" Date 09 -01 -96
APPROVED:
Finance Department . t _.t• �zr.Date
Administration / Date
DENIED:
Finance Departme
Administration Date
X
Date
•
•
.460-
LC1,CC 1 MORN • zol, awls • pelts n '3'N SZZ
ValdOld dO NOINfl S311213911 11A10 NVOld3VW
AMERICAN CIVIL LIBERTIES UNION OF FLORIDA
225 N.E. 34 Street • Suite 102 • Miami, FL 33137
D
4
i 0--
AMERICAN CIVIL LIBERTIES UNION OF FLORIDA
225 N.E. 34th Street • Suite 102 • Miami, Rocida 33137 • (305) 576 -2336 • Fax: (305) 576 -1106
INFORMATION ABOUT HOW THE ACLU ACCEPTS CASES
thank you for calling the ACLU about your case.
Please read this infomiafion carefully to find out
the kinds of cases we accept, and how to have
the ACLU consider yoctr case. If you believe your
case may be the kind of case we can accept, fill
out the enclosed questionnaire and return it to
us. If we need more infocmaGon, we will call you.
We will let you know as soon as possible whether
We can accept your case, although there may be
some delay because-of limited resources.
WHAT DOES IT COST?
The attorneys for the ACLU represent the dents
free of charge. Cases are handled by staff
counsel or by volunteer attorneys - in private.
practice.
HOW 00 WE CHOOSE CASES?.
The ACLU generally fifes cases that affect the
civil liberties of large numbers of people, rather
than those involving a dispute -between two
parties. The basic questions we ask with
reviewing a potenfiat case are:
(1) is this a significant civil tiber<iies issue? (2)
What effect wt11 this case have on people in
addition to our client? (3) Do we have the
resources to take this case?
WHAT ARE CIVIL LIBERTIES?
The civic fiber -6es we seek to protect include:
Freedom of Speech and Press. For example:
-- A student is suspended for writing a
newspaper article critical of the principal;
— A police officer is disciplined for speaking out
against pb(ice brutality,
— A group is charged for police protection when
it applies for a demonstrafion permit. • -
Freedom of Religion. This involves both the right
of - individuals to religious beliefs - and the
separation of church and state.
Privacy. For example, reproductive rights.
Faual Protection /Oiscriminafion. For example,
this could include a sheriffs department which.
refuses to accept women depufies or a refusal
to allow homeless people to vote because they
have no fixed addresses.
Due Process. For example, a community group
is denied a permit by the police, and the town
provides no appeal of the potice,decision.
WHAT CASES AFFECT OTHERS?
Lawsuits can affect a large number of people in
two ways. First, we sometimes challenge a
policy or prcc`.tioe which directly impacts marry
people. Second, a lawsuit brought on behalf of
one person can have a larger impact on others in
the long run when it establishes or expands legal
protections. (a lawsuit challenging drug tesfing of
one employee could set a precedent for
thousands of workers in the future).
AMERICAN CIVIL LIBERTIES UNION OF FLORIDA
225 N.E. 34th Street • Suite 102 • Miami, Florida 33137 • (305) 576 -2336 • Fax: (305) 576 -1106
October 11, 1996
Mary Soini
512 NW 16 Street
Okeechobee, FL 34972
Dear Ms. Soini:
Our legal panel has reviewed your recent request and regrets that we are unable to
offer you legal assistance. We are a private, non - profit organization. All of our
litigation is conducted by volunteer attorneys. Due to our limited resources, we cannot
take all civil liberties cases offered us. We simply do not have the resources to
operate as a general legal clinic.
However, we do not intend to imply a judgment on the merits of. your case. Rather,
our suggestion is that you consult a private attorney for advice. If you wish to obtain
referrals to attorneys in the Florida area, please call the Lawyer Referral Service at 1-
800- 342 -8011. This agency of the Bar Association can provide you with the names
of attorneys specializing in the area of law pertinent to your case in your county.
Thank you for writing to the ACLU of Florida. We wish you success in resolving your
difficulties.
Sinc
ROBYN
Exec
LUMNER
Director
NOVEMBER 4,1996
OKEECHOBEE CITY POLICE DEPT.
55 S.E. 3rd AVENUE
OKEECHOBEE,FLORIDA, 34974
CAPTAIN FARRENKOPF,
DUE TO MY DESIRE TO SEEK EMPLOYMENT ELSEWHERE I AM HANDING
IN MY RESIGNATION, EFFECTIVE NOVEMBER 15,1996.
SINCERELY,
MARY . SOINI
RECORDS CLERK
OKEECHOBEE CITY POLICE DEPT.
City of Okeechobee
Police Department
November 8, 1996
To whom It may concern:
Reference: Mary E. Soini
I have had the pleasure of knowing and working with Mary
during her years of employment here at the Okeechobee
Police Department. She initally was hired as a Police
Dispatcher on May 28, 1991. Without prior experience in
this field it did not take Mary lone to learn. She was
able to make quick and accurate decisions and maintain
calm, during life threatening and emergency situations.
This vast March she was placed on a probationary period
for six months for an opening in our records department.
Upon completion, her evaluation mark was "Above
Satisfactory "and Mary was promoted to Records Clerk.
I feel with Mary's outstanding work performance and
pleasant personality she has proven to be an asset to any
organization.
If I can be of any further assistance concerning Mary,
please do not hesitate to call me. (941- 763 -5521)
Sincerely,
Rehmund Farrenkopf
Captain
RF /ts
55 S.E. Third Avenue • Okeechobee, Florida 34974 -2932 • 941 - 763 -5521 • Fax: 941-783 -7804
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JOS. D. FAR151-1 (1892 - I:i771
JOS. D. FARISH, JR.
ROBERT V. ROMANI •
5. EMORY ROGERS
PETER M. BASSALINE
KEITH R. TAYLOR
hLN P. KEEL HER
LEGAL ASSISTANT
• BOARD CERTIFIED CIVIL TRIAL LAWYER
LAW OFFICES
FARISH, FARISH & ROMANI
3I6 BANYAN BOULEVARD
P.O. BOX 4I IS
WEST PALM BEACH, FLORIDA 33402
Ms. Mary Soini
512 N.W. 16th Street
Okeechobee, FL 34972
Dear Ms. Soini:
December 17, 1996
TELEr.HONL 1407) 659 -3500
r AX ( -lo-r) 655 -3158
(80u) 401 -4LAW
Enclosed herein find the documents which you forwarded to my
office approximately one week ago for our review. I have reviewed
the enclosed documents, as well as the information provided by you
in our telephone conversation. I have consulted with the other
attorneys in the office regarding the potential of handling this
matter on your behalf. At this point, we are not in a position to
take on representation of you with regard to same. All of your
original documents are contained herein.
Obviously, you should consult with other attorneys in an
attempt to bring this matter, as there are time restrictions upon
when you can bring an action for recovery. It is in your best
interests to consult with other lawyers in an expeditious fashion,
so as to be certain to preserve any rights you may have. This firm
has not taken on any representation of you, and therefore there is
no fee for the services rendered to date. Thank you for
considering our firm for your legal needs, and feel free to contact
us in the future.
Sincerely yours,
FARISI -C FARISH & ROMANI
Keith R. Taylo
KRT /nrm
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STATE OF FLORIDA
UNEMPLOYMENT APPEALS COMMISSION
300 Webster Building
2671 Executive Center Circle, West
Tallahassee, Florida 32399 -0681
850/487 -2685 FAX 850/488 -2123 TDD 850/922 -9314
September 25, 1997
Honorable Marilyn Beuttenmuller, Clerk
District Court of Appeal of Florida
Fourth District
Post Office Box 3315
West Palm Beach, Florida 33402
Re: Mary H.
and Flo
Case No. 97 -015
Soini
'da U
Dear Madam:
City
loym
of Okeechobee,
nt Appeals Commission
Attached for referenced case for Appellee Unemployment
Appeals Commission is a Motion to Dismiss which we request you
please file.
Your attention to this matter will be much appreciated.
GAH /sar
Attachments
Sincerely,
Atkinson-Ha elton
General Counsel
IN THE DISTRICT COURT OF APPEAL
OF THE FOURTH DISTRICT OF FLORIDA
MARY H. SOINI,
Appellant,
vs.
CITY OF OKEECHOBEE, and
FLORIDA UNEMPLOYMENT APPEALS
COMMISSION,
Appellees.
Case No. 97 -01574
APPELLEE, UNEMPLOYMENT APPEALS COMMISSION'S
MOTION TO DISMISS
Appellee, Unemployment Appeals Commission, pursuant to
Florida Rules of Appellate Procedure 9.300(a) and 9.410,
moves for dismissal of this appeal for appellant's
violation of the appellate rules. In support of its
motion, the Commission states:
1. Florida Rule of Appellate Procedure 9.110(f)
provides:
"Appellant's initial brief shall be served
within 70 days of filing the notice. . . ."
2. Appellant's notice of appeal was filed on May 5,
1997. As of this date, appellant has not served its
initial brief on this appellee and no time extension has
been granted by the Court.
3. Florida Rule of Appellate Procedure 9.410
provides:
"After ten days' notice from the court,
the following may be imposed for violation
of these rules: reprimand, contempt,
striking of briefs or pleadings, dismissal
of proceedings, costs, attorney's fees or
other sanctions."
4. Although dismissal is a harsh sanction to impose,
it is justified in this case by appellant's failure to
prosecute this appeal. See e.q., Gantt v. Volusia County
Health Facilities Authority, 360 So.2d 387 (Fla. 1978);
Robbins v. City of Titusville, 170 So.2d 844 (Fla. 1964);
Ganey v. State, 101 So.2d 827 (Fla. 1st DCA 1958); Beck v.
Hodge, 101 So.2d 47 (Fla. 2d DCA,1958).
WHEREFORE, this appellee moves for entry of an order
of dismissal or, in the alternative, imposition of any of
the other sanctions provided in Florida Rule of Appellate
Procedure 9.410.
Respectfully submitted,
GERI�ATKINSON -HAZE TON
Fla. Bar No. 0259764
Suite 300, Webster Building
2671 Executive Center Circle, West
Tallahassee, Florida 32399 -0681
(850) 487 -2685
Attorney for Appellee
Unemployment Appeals Commission
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing was
mailed to the below listed persons on this 25th day of
September, 1997:
MARY H SOINI
512 NW 16TH ST
OKEECHOBEE FL 34972
CITY OF OKEECHOBEE
55 SE 3RD AVE
OKEECHOBEE FL 34972
GE F \ATKINSON -HAZE 4 ON