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RichardC29 (Florida)
Posts: 37
Posted:
07/03/2024 a doah judge Megan silver ruled that doc is incorrect in petitioners required to carry burden of proof
The judge in her conclusion of law stated that the doc was incorrect and the judge would not change her ruling
The respondent is responsible for burden of proof in revitilization hearings
The doc in response said it will be impossible to write final orders based on respondents responsible for burden of proof
This ruling is based on an appeal from 1981 dept of transport. V. J.w.c.,the revite case is Apollo beach fl.
So my question is so now doah court determines that respondents carry burden of proof what happens to all other cases where petitioner had to carry burden of proof .would this be an appeal item
My petition was denied as the judge said I did not move my exhibits to evidence at the hearing ,but the d.o.c said in the beginning that everything would be joint exhibits ,that turned out to be not true as the hoa lawyer spent 7.5 hours on the phone with doah clerks stripping out my exhibits from joint exhibits with out my knowledge.
My exceptions did not include the new doah ruling as I dident know until yesterday.so I filed a amended exception
If the court now claims respondents carry burden of proof shouldent I get a reconsideration hearing or a new hearing,shouldent all hoa reviteis get new hearings.
SheliaH (Indiana)
Posts: 6,964
Posted:
That's a legal question that's best addressed by your attorney. Most of us aren't attorneys and not everyone lives in Florida. If you had a hearing and lost, you'll need to decide if you want to appeal and talk to your attorney about your evidence and what was or wasn't admissible. This is well beyond getting advice on the internet.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
SheliaH (Indiana)
Posts: 6,964
Posted:
Oh, and divide these sentences into paragraphs next time - this was hard to read.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
RichardC29 (Florida)
Posts: 37
Posted:
The question is for Florida if your not in Florida then what’s the point.
TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By RichardC29 on 08/13/2024 4:10 AM
The question is for Florida if your not in Florida then what’s the point.

Because many of the posters have done research into FL topics and may provide good advice and some of the posters have gone through court battles.

That said, when one is in a legal battle, it's best not to post a lot about the case online until it is fully resolved. Otherwise, an errant posting my cause issues for your case.

I expect from your posting that you are representing yourself.
As you found out, the Association/Corporation has an attorney representing them.
Unless you are well versed in the applicable statutes and legal procedures, you may be better served by hiring an attorney.

RichardC29 (Florida)
Posts: 37
Posted:
Try reading the post the association does not have a lawyer it is self represented
The question is how can the dept of commerce continue to issue final orders when the dept it self said it would be impossible to issue final orders
The case is in fl if your not familiar with doah and the doc you can’t answer ,very few lawyers know administrative law
This case points out the disconnect between state agency citizens and courts.so who is correct
TimB4 (Tennessee)
Posts: 21,062
Posted:
Quote:
Posted By RichardC29 on 08/13/2024 7:51 AM

Try reading the post the association does not have a lawyer it is self represented

I did read the post [emphasis added]:

Quote:
Posted By RichardC29 on 08/12/2024 6:25 PM

My petition was denied as the judge said I did not move my exhibits to evidence at the hearing ,but the d.o.c said in the beginning that everything would be joint exhibits ,that turned out to be not true as the hoa lawyer spent 7.5 hours on the phone with doah clerks stripping out my exhibits from joint exhibits with out my knowledge.

TimB4 (Tennessee)
Posts: 21,062
Posted:
I don't have access to the court text to make an informed opinion.
RichardC29 (Florida)
Posts: 37
Posted:
Doah Florida / case search / appollo beach. Case ,/my case is different in that I’m still in the exception stage no one has written a final order I don’t think they can.I just petitioned the doc for a reconsideration hearing due to the fact doah and first court of appeals said respondents carry burden of proof not petitioners.my case wa based on petitioner carry burden of proof.

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