JOSE GOMEZ-CORTES, M.D.
v.
AGENCY FOR HEALTH CARE ADMINISTRATION
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An agency must hold an evidentiary hearing when reviewing a motion to vacate if there is a genuine factual dispute regarding whether the party received sufficient notice of the agency's final order.
[1] An agency must conduct an evidentiary hearing when reviewing a motion to vacate if a genuine factual dispute exists regarding whether the moving party received sufficient…
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Join FLexlaw to unlock all legal intelligenceAppellant Dr. Jose Gomez-Cortes sought to vacate an Agency for Health Care Administration final order. AHCA denied his motion to vacate without conduc…
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August 24, 2018 PER CURIAM. Appellant contends that the Agency for Health Care Administration erred when it denied his motion to vacate without affording him an evidentiary hearing to resolve the factual question of whether he received sufficient notice of AHCA’s final orders. We agree. See Reich v. Dep’t of Health, 868 So. 2d 1275, 1276 (Fla. 1st DCA 2004).
REVERSED and REMANDED.
WOLF, JAY, and WINSOR, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Sean M. Ellsworth of Ellsworth Law Firm, P.A., Miami Beach, for Appellant. Nicholas A. Merlin, Senior Attorney, Agency for Health Care Administration, Tallahassee, for Appellee.
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- Marvin Reich, M.D. v. Dep't OF Health, 868 So. 2d 1275 (Fla. 1st DCA 2004)