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FISH v. DEPT. OF HEALTH, BD. OF DENTISTRY

No. 4D01-2572.

825 So.2d 421 (2002)

Robert J. FISH, D.D.S., Appellant, v. DEPARTMENT OF HEALTH, BOARD OF DENTISTRY, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 25, 2002.

Attorney(s) appearing for the Case

Max R. Price of Solms & Price, P.A., Miami, and Dennis Grossman, Fort Lauderdale, not admitted in Florida, for appellant.

Pamela H. Page of The Agency for Health Care Administration, Tallahassee, for appellee.

SHAHOOD, J.

We affirm the denial of appellant's petition for attorney's fees under section 57.111, Florida Statutes (2000), the Florida Equal Access to Justice Act (FEAJA), on the grounds that the Department of Health, Board of Dentistry (Department), was substantially justified in bringing the underlying disciplinary action against appellant.

In April 1997, fellow dentist Dr. Alan Horowitz, filed a complaint against appellant with the Department, alleging...

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