Agency for Health Care Admin. v. Gonzalez, 94-2393

• Decision Date: 03 July 1995
• Docket Number: No. 94-2393,94-2393
• Citation: 657 So.2d 56
• Parties: 20 Fla. L. Weekly D1571 AGENCY FOR HEALTH CARE ADMINISTRATION, Appellant, v. Ada GONZALEZ, M.D., Appellee.
• Court: Florida District Court of Appeals

Page 56

657 So.2d 56

20 Fla. L. Weekly D1571

AGENCY FOR HEALTH CARE ADMINISTRATION, Appellant, v.Ada GONZALEZ, M.D., Appellee.

No. 94-2393.

District Court of Appeal of Florida First District.

July 3, 1995.

Kathryn L. Kasprzak, Asst. Gen. Counsel, Tallahassee, for appellant.

Seth Stopek, of Seth Stopek, P.A., Miami, for appellee.

PER CURIAM.

The order of the Division of Administrative Hearings awarding attorney fees and costs under section 57.111, Florida Statutes, to a medical doctor after the disciplinary action against her was dismissed is REVERSED.The evidence which the hearing officer acknowledged was before the probable cause panel constituted substantial justification for institution of the disciplinary action, but he erroneously determined that this evidence did not constitute substantial justification in light of the Board of Medicine's subsequent dismissal of the proceeding after more evidence was presented.SeeGentele v. Department of Professional Regulation, Board of Optometry, 513 So.2d 672(Fla. 1st DCA1987);see also...