Albert v. Department of Health

Full title: MOUNIR ALBERT, D.D.S., Appellant, v. DEPARTMENT OF HEALTH, BOARD OF…

Court: District Court of Appeal of Florida, Fourth District

Date published: Feb 23, 2000

No. 4D99-0387 (Fla. Dist. Ct. App. Feb. 23, 2000)

Opinion

No. 4D99-0387.

Opinion filed February 23, 2000.

Appeal from the State of Florida Department of Health, Board of Dentistry; L.T. No. 98-2884F.

Max R. Price of Solms Price, P.A., Miami, for appellant.

Kathryn L. Kasprzak of the Agency for Health Care Administration, Tallahassee, for appellee.

ON MOTION FOR REHEARING

KLEIN, J.

The Department points out in its motion for rehearing that an award of attorney's fees under section 57.111(4)(a), Florida Statutes (1997) shall be made "unless the actions of the agency were substantially justified." Because that issue was not reached we should have remanded for reconsideration in light of that provision rather than simply remanding for an award of attorney's fees. We therefore grant the Department's motion for rehearing and modify our opinion to that extent.

FARMER and TAYLOR, JJ., concur.