SHARI DANIELS, APPELLANT,
v.
STATE OF FLORIDA, DEPARTMENT OF HEALTH, APPELLEE
PER CURIAM.
The petitioner, Shari Daniels, appeals from a final order of the Division of Administrative Hearings denying her amended petition for attorney’s fees, pursuant to the Florida Equal Access to Justice Act. § 57.111, Fla. Stat. (2002), based on the Administrative Law Judge’s [ALJ] finding that she is not a “small business party” as defined by section 57.111(3)(d). A review of the record shows that the administrative complaint was filed against the petitioner individually, rather than her corporation. On this basis, the ALJ’s denial of fees was proper. See Florida Real Estate Comm’n v. Shealy, 647 So. 2d 151 (Fla. 1st DCA 1994); Department of Profl Regulation, Div. of Real Estate v. Toledo Realty, Inc., 549 So. 2d 715 (Fla. 1st DCA 1989); Thompson v. Department of Health & Rehabilitative Servs., 533 So. 2d 840 (Fla. 1st DCA 1988). Accordingly, we affirm but certify conflict with Albert v. Department of Health, Bd. of Dentistry, 763 So. 2d 1130 (Fla. 4th DCA 1999), and Ann & Jan Retirement Villa, Inc. v. Department of Health & Rehabilitative Servs., 580 So. 2d 278 (Fla. 4th DCA 1991).
Affirmed; conflict certified.
Cases With Similar Vibessemantic neighbors from the corpus
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Daniels v. Fla. Dep't OF Health, 898 So. 2d 61 (Fla. 2005)…QUINCE, J. We have for review the decision in Daniels v. State Department of Health, 868 So. 2d 551 (Fla. 3d DCA 2004), which certified conflict with the decision in Albert v. Department of Health, 763 So. 2d 1130 (Fla. 4th DCA 1999), and Ann & Jan Retirement Villa, Inc. v. Department of Health & Rehabilitative Services, 580 So. 2d 278 (Fla. 4th D…
Authorities Cited
- Dep't OF Prof'l Reg. v. Toledo Realty, Inc., 549 So. 2d 715 (Fla. 1st DCA 1989)
- Stokes v. State, 549 So. 2d 715 (Fla. 1st DCA 1989)
- ANN & JAN Ret. Villa, Inc. v. Dep't of Health & Rehabilitative Servs., 580 So. 2d 278 (Fla. 4th DCA 1991)
- Ira W. Thompson v. Dep't of Health & Rehabilitative Servs., 533 So. 2d 840 (Fla. 1st DCA 1988)
- Fla. Real Est. Comm'n v. Shealy, 647 So. 2d 151 (Fla. 1st DCA 1994)
- Mounir Albert, D.D.S. v. Dep't of Health, 763 So. 2d 1130 (Fla. 4th DCA 1999)