JULES G. MINKES, D.O., APPELLANT,
v.
AGENCY FOR HEALTH CARE ADMINISTRATION, APPELLEE
JULES G. MINKES, D.O., APPELLANT,
AGENCY FOR HEALTH CARE ADMINISTRATION, APPELLEE
836 So. 2d 1025
Florida District Court of Appeal, Third District (2002)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
We reverse the agency’s final order and remand for an evidentiary hearing on the amount of the overpayment to appellant. As the validity of the agency’s action depends on disputed facts, and there was no hearing regarding the overpayment amount, the final order must be reversed. § 120.68(7)(a), Fla. Stat. (2002); see Foley v. State of Fla. Dep’t. of Health, 27 Fla. L. Weekly D2029 (Fla. 4th DCA Sept. 11, 2002); McIntyre v. Seminole County Sch. Bd., 779 So. 2d 639 (Fla. 5th DCA 2001).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Rawson v. Umlic VP, L.L.C., 933 So. 2d 1206 (Fla. 1st DCA 2006)…. As a consequence, we agree that the lower court did not abuse its discretion in denying rescission of the contracts, which is the standard applicable to the review of an order deciding the equitable remedy of rescission. See Pendleton v. Witcoski, 836 So. 2d 1025 (Fla. 1st DCA 2002). To obtain such relief, a plaintiff must not only prove mutual mistake regarding a basic assumption underlying the contract, but must also establish “that the contract did not put the risk of mistake on the party seeking resciss…
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Keystone Creations, Inc. v. City OF Delray Beach, 890 So. 2d 1119 (Fla. 4th DCA 2004)…s in the time allotted in the Consent Decree. The term “mutual mistake of fact” is one of law, and the' equitable remedy of rescission is available only if the mistake is mutual and the fact is of the essence of the contract. Pendelton v. Wit-coski, 836 So. 2d 1025, 1026 (Fla. 1st DCA 2002). As the trial court pointed out, Keystone’s “mutual mistake” argument fails because it ignores that fact that, at the February 27, 1998 hearing, which was held two months after the agreed upon completion date, the trial co…
Authorities Cited
- McINTYRE v. Seminole Cnty. Sch. Bd., 779 So. 2d 639 (Fla. 5th DCA 2001)