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DEPT. OF HEALTH v. OVADIA

No. 97-1603.

702 So.2d 301 (1997)

DEPARTMENT OF HEALTH, Appellant, v. Joseph OVADIA, M.D., Appellee.

District Court of Appeal of Florida, First District.

December 15, 1997.

Attorney(s) appearing for the Case

Kathryn L. Kasprzak, Senior Attorney, Tallahassee, for Appellant.

John R. Sutton of Sutton & Montoto, South Miami, for Appellee.

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...

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