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FAILER v. STATE, DEPT. OF HEALTH

No. 1D13-5603.

139 So.3d 359 (2014)

Dr. Raymond FAILER, Petitioner, v. STATE of Florida, DEPARTMENT OF HEALTH, Respondent.

District Court of Appeal of Florida, First District.

Rehearing Denied June 4, 2014.

Attorney(s) appearing for the Case

Stephen Marc Slepin , Tallahassee, for Petitioner.

Therese A. Savona , Chief Appellate Counsel, Florida Department of Health, Tallahassee, for Respondent.

VAN NORTWICK.

Pursuant to section 120.68, Florida Statutes (2013), Dr. Raymond Failer, D.O., petitions for judicial review of the emergency suspension order (ESO) entered by the Department of Health (the Department), suspending Dr. Failer's license to practice osteopathic medicine. Petitioner argues that the Department has failed to rule on his request for a formal hearing. For the reasons explained herein, we grant the petition, order the Department to rule on the...

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