DEPT. OF HEALTH & REHAB. SERVICES v. S.G.

Nos. 92-661, 92-679.

613 So.2d 1380 (1993)

DEPARTMENT OF HEALTH & REHABILITATIVE SERVICES, Appellant, v. S.G., Appellee.

District Court of Appeal of Florida, First District.

February 19, 1993.


Attorney(s) appearing for the Case

W. Douglas White, Asst. Dist. Legal Counsel, Dept. of Health and Rehabilitative Services, Pensacola, for appellant.

William Eddins, Pensacola, for appellee.


WIGGINTON, Judge.

These consolidated appeals are brought from separate orders entered by the hearing officer awarding attorney's fees pursuant to sections 120.57(1)(b)5., and 57.111, Florida Statutes. For the following reasons, we approve the award under section 57.111, but reverse the award under section 120.57.

Appellee, a registered nurse, is the owner and director of an adult congregate living facility known as The Elite Guest House. One of the elderly...

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