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 |
Kathryn L. Kasprzak, Asst. Gen. Counsel, Tallahassee, for appellant.
Seth Stopek, of Seth Stopek, P.A., Miami, for appellee.
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. See Gentele v. Department of Professional Regulation, Board of Optometry, 513 So.2d 672 (Fla. 1st DCA 1987); see also Department of Professional Regulation, Division of Real Estate v. Toledo Realty, Inc., 549 So.2d 715 (Fla. 1st DCA 1989).
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McCloskey v. Dep't of Fin. Servs.
...probable cause determinations.” Dep't of Health v. Cralle, 852 So.2d 930, 933 (Fla. 1st DCA 2003) (citing Ag. for Health Care Admin. v. Gonzalez, 657 So.2d 56 (Fla. 1st DCA 1995) ). Moreover, the agency cannot establish substantial justification merely by showing that the action was not fri......
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McCloskey v. Dep't of Fin. Servs.
...cause determinations." Dep't of Health v. Cralle, 852 So. 2d 930, 933 (Fla. 1st DCA 2003) (citing Ag. for Health Care Admin. v. Gonzalez, 657 So. 2d 56 (Fla. 1st DCA 1995)). Moreover, the agency cannot establish substantial justification merely by showing that the action was not frivolous, ......
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DEPARTMENT OF HEALTH, BD. OF PHYSICAL THERAPY PRACTICE v. Cralle, 1D02-2807.
...Fish v. Department of Health, Bd. of Dentistry, 825 So.2d 421, 423 (Fla 4th DCA 2002); see also Agency for Health Care Admin. v. Gonzalez, 657 So.2d 56 (Fla. 1st DCA 1995); Gentele v. Department of Prof'l Regulation, Bd. of Optometry, 513 So.2d 672 (Fla. 1st DCA 1987); Kibler v. Department ......