Daniels v. State, Dept. of Health, 868 So. 2d 551 (Fla. 3d DCA 2004). · Go Syfert
Search
Daniels v. State, Dept. of Health, 868 So. 2d 551 (Fla. 3d DCA 2004). Cases Citing This Book View Copy Cite
3 citation events across 2 distinct courts.
Strongest positive: Daniels v. Florida Dept. of Health, 898 So. 2d 61 (Fla. 2005)
How cited ↗
Cited for
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Shari DANIELS, Appellant,
v.
STATE of Florida, DEPARTMENT OF HEALTH, Appellee.
3D03-706.
District Court of Appeal of Florida, Third District.
Jan 14, 2004.
Published opinion
868 So. 2d 551
2004 Fla. App. LEXIS 179
2004 WL 57308
Cope, Goderich and Shepherd.
Cited by 1 opinion  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: #43,427 of 633,719
Citer courts: District Court of Appeal of Fl… (4)

Solms & Price and Max R. Price, Miami, for appellant.

Avron Bernstein, for appellee.

Before COPE, GODERICH and SHEPHERD, JJ.

PER CURIAM.

The petitioner, Shari Daniels, appeals from a final order of the Division of Administrative Hearings denying her amended petition for attorney's fees, pursuant to the Florida Equal Access to Justice Act. § 57.111, Fla. Stat. (2002), based on the Administrative Law Judge's [ALJ] finding that she is not a "small business party" as defined by section 57.111(3)(d). A review of the record shows that the administrative complaint was filed against the petitioner individually, rather than her corporation. On this basis, the ALJ's denial of fees was proper. See Florida Real Estate Comm'n v. Shealy, 647 So.2d 151 (Fla. 1st DCA 1994); Department of Prof'l Regulation,[*552] Div. of Real Estate v. Toledo Realty, Inc., 549 So.2d 715 (Fla. 1st DCA 1989); Thompson v. Department of Health & Rehabilitative Servs., 533 So.2d 840 (Fla. 1st DCA 1988). Accordingly, we affirm but certify conflict with Albert v. Department of Health, Bd. of Dentistry, 763 So.2d 1130 (Fla. 4th DCA 1999), and Ann & Jan Retirement Villa, Inc. v. Department of Health & Rehabilitative Servs., 580 So.2d 278 (Fla. 4th DCA 1991).

Affirmed; conflict certified.