DEPARTMENT OF HEALTH, APPELLANT,
v.
JOSEPH OVADIA, M.D., APPELLEE
DEPARTMENT OF HEALTH, APPELLANT,
JOSEPH OVADIA, M.D., APPELLEE
702 So. 2d 301
Florida District Court of Appeal, First District (1997)
Positive Treatment
Cited by 1 case
Opinion of the Court
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 him 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.
BARFIELD, C.J., and DAVIS and BENTON, JJ., concur.
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Fullwood v. State, 827 So. 2d 343 (Fla. 3d DCA 2002)…e of seventeen to twenty-two years. However, Defendant committed these offenses in 1993 and prior to 1994, a court could not impose a guidelines sentence beyond the statutory limits. See Mays v. State, 717 So. 2d 515, 516 (Fla.1998); Allen v. State, 702 So. 2d 301 (Fla. 1st DCA 1997); see also § 921.001(5) Fla. Stat. (1991). Accordingly, as concerns the sentencing issue, we reverse and remand with instructions to the trial court to resentence defendant to the statutory maximum for a second degree felony-fif…