FINAL ORDER ON MOTION FOR REHEARING. Comes now, the undersigned arbitrator and enters this order as follows:

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1 STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION DIVISION OF FLORIDA LAND SALES, CONDOMINIUMS, AND MOBILE HOMES IN RE: PETITION FOR ARBITRATION Henry S. Ludwig and Lorraine H. Ludwig, Petitioners, v. Fees Case No Rel. Case No Tudor Cay Condominium Association, Inc., Respondent. / FINAL ORDER ON MOTION FOR REHEARING Comes now, the undersigned arbitrator and enters this order as follows: The final order in this fees proceeding was entered on August 20, 2004, over a year ago. On July 13, 2005, Mr. Ludwig filed his most recent motion for rehearing 1 of the final order, arguing that the arbitrator, in not ruling on his request for reimbursement of $310.76, committed error. The final order entered in the fees proceeding did not discuss Mr. Ludwig s request but instead after some analysis denied the association s request for fees totaling $3, Mr. Ludwig, through an attorney, on March 5, 2005, filed a request for clarification regarding the $300 which the arbitrator denied by letter dated March 17, As stated, Mr. Ludwig renewed his request for rehearing on July 13, The association has been given an opportunity to respond to the motion for rehearing and 1 Mr. Ludwig argues that his motion for rehearing is not a motion for rehearing at all but is a motion to complete the fees proceeding. Regardless of its chosen label, it is motion for rehearing. There is no authority for filing a motion to complete after entry of a final order. 1

2 filed an extensive response and memorandum of law, this despite the arbitrator s suggestion in the Notice of Communication issued on June 30, 2005, on the occasion when the Division Director was contacted by Mr. Ludwig, to the effect that the association in the interest of not wasting additional resources should consider simply dispensing $ to Mr. Ludwig. It can be estimated that the association through its request for an extension of time and legal memorandum has instead chosen to generate an additional $ in attorney s fees for which it now seeks reimbursement. Rule 61B , Florida Administrative Code, allows a party to file a motion for rehearing within 15 days after entry of a final order. Rehearing represents an opportunity to address clear errors of law or fact made in the final order. Mr. Ludwig s motion filed on July 13, 2005, directed to the final order entered on August 20, 2004, is nearly 300 days late, is untimely filed, is a nullity, has no legal effect, and is stricken from the record. However, the arbitrator on his own motion 2 hereby supplements the final order as follows. The arbitrator inadvertently failed to consider Mr. Ludwig s request for reimbursement in the final order, and finds that such inadvertence has not prejudiced the association such that an award may be made at the present time as appropriate. The arbitrator has examined the costs claimed by Mr. Ludwig. It should be recalled that where a party is not represented by an attorney, costs that may be awarded include certain items that normally may not be awarded as recoverable costs. As stated by the arbitrator in Malone v. Pebble Springs Condominium Association, Inc., Arb. Case No , Final Order on Motion for Costs (March 13, 2001): Expenses such as postage, supplies, copying, long distance calls and faxing fees are normally not awarded, on grounds that they are ordinary office expenses that should be factored 2 See, City of Cooper City v. Farthing, 905 So. 2d 925 (Fla. 1st DCA 2005). 2

3 into the prevailing party s attorney s hourly rate rather than awarded separately as costs. In this case, however, the prevailing party had no attorney under whose fee these expenses should be subsumed and the costs are documented by receipts. The costs were reasonably related to the prosecution of the petitioner s case Accord: Paradise Lakes RV Park Condominium Association, Inc. v. Qualls, Arb. Case No , Final Order Awarding Costs (November 4, 2002); Harlow v. Bretton Woods Condominium Association, Inc., Arb. Case No , Final Order Awarding Costs (November 30, 2004). Accordingly, Mr. Ludwig is eligible to receive consideration for cost reimbursements for items such as stationary, stamps, copies, and telephone calls. However, Mr. Ludwig is not eligible for an award of his pro-rata portion of the attorney s fees incurred by the association. He estimates this to be nearly $ Previous arbitration cases have held that this remedy as contained in section (1), Florida Statutes, is limited to court actions and is not applicable to arbitration proceedings conducted under section , Florida Statutes, or at the very least must be pled in the main case, which did not occur here. South Gate Village Green Condominium Section One Association, Inc. v. Marquis, Arb. Case No F, Final Order on Respondent s Motion for Costs (November 22, 1994). Accordingly, this request for recovery is denied. Further, the arbitrator will further not award claimed reimbursement for the costs of replacement newsletters when the association wrongfully removed Mr. Ludwig s newsletters from the doors of the residents. These costs were not incurred in the arbitration proceeding and cannot therefore be awarded as an item of cost. See, e.g., Shaker Village Condominium Association, Inc. v. Desy, Arb. Case No F, Final Order on Request for Attorney s Fees (April 13, 1994). These expenses in some cases were incurred after issuance of the final order entered in the case. In addition, Mr. Ludwig 3

4 in his petition filed below did not claim these expenses as damages and cannot now claim them as costs. In any event, these were not necessary costs incurred in the prosecution of the case. Hence, these claims are denied. Mr. Ludwig will certainly be awarded the $50.00 filing fee he paid. One additional problem concerns the lack of any receipts filed by Mr. Ludwig. In Ironwood First Condominium Association, Inc. v. Sorvick, Arb. Case No , Final Order on Attorney s Fees (July 8, 1999), the arbitrator denied certain costs due to the lack of receipts. In this case, Mr. Ludwig requests approximately $80.00 for the automotive costs of trips to the law library, at $0.35 per mile, plus $70.00 in stationary, stamps, copies, phone calls, etc. The arbitrator has no doubt that these types of costs were incurred by Mr. Ludwig, but in the absence of receipts, the arbitrator feels no assurance granting these costs in the amounts requested. Accordingly, Mr. Ludwig will be awarded $50.00 in automotive costs, and $40.00 in stamps, etc. WHEREFORE, based on the foregoing, the association shall, within 30 days hereof, pay Mr. Ludwig the amount of $140.00, representing the $50.00 filing fee, the sum of $40 for stamps, and the sum of $50.00 in automotive costs. The remainder of the costs claimed will not be awarded. The association s claim for costs and fees is denied. NO FURTHER MOTIONS FOR REHEARING OR ANY OTHER MOTION, HOWEVER DESIGNATED, WILL BE ENTERTAINED OR RULED ON. DONE AND ORDERED this 8th day of September, 2005, at Tallahassee, Leon County, Florida. Karl M. Scheuerman, Arbitrator Department of Business and Professional Regulation Arbitration Section 4

5 Northwood Centre 1940 North Monroe Street Tallahassee, Florida Certificate of Service I hereby certify that a true and correct copy of the foregoing final order has been sent by U.S. Mail to the following persons on this 8th day of September, 2005: Henry S. Ludwig 9221 Tudor Dr., A-202 Tampa, Florida Karl M. Scheuerman, Arbitrator Right to Appeal As provided by s , F.S., this final order may be appealed by filing a petition for trial de novo with a court of competent jurisdiction in the circuit in which the condominium is located, within 30 days of the entry and mailing of this order. This order does not constitute final agency action and is not appealable to the district courts of appeal. 5