Leon FL Administrative law, Criminal defense and General pra -- eLawyers

9:09-bk-8310-ALP, 9:09-bk-8888-ALP In Re Rice (2010)

United States Bankruptcy Court, M.D. Florida Filed: Dec. 23, 2010 Citations: 442 B.R. 140

442 B.R. 140 (2010) In re Kevin David RICE, George Alfred Allen, Debtors. Nos. 9:09-bk-8310-ALP, 9:09-bk-8888-ALP. United States Bankruptcy Court, M.D. Florida, Ft. Myers Division. December 23, 2010. *141 David Lampley, Carmen Dellutri, Jeremy Iskin, The Dellutri Law Group, PA., Fort Myers, FL, for Debtors. ORDER REGARDING TURNOVER OF JOINT TAX REFUNDS TO CHAPTER 13 TRUSTEE DAVID H. ADAMS, Bankruptcy Judge. The debtors in the above cases received income tax refunds with their nondebtor spouses ba..

12-003610PL DEPARTMENT OF HEALTH, BOARD OF MASSAGE THERAPY vs YUPING JIANG, L.M.T. (2012)

Division of Administrative Hearings, Florida Filed: Nov. 06, 2012

The issue in this case is whether the Department of Health, Board of Massage Therapy, should discipline the Respondent, Yuping Jiang, based on the manner in which she applied for and obtained her license.DOH did not prove that licensee obtained massage therapy license by disciplinable means.

12-003611PL DEPARTMENT OF HEALTH, BOARD OF MASSAGE THERAPY vs JUN PING HAO, L.M.T. (2012)

Division of Administrative Hearings, Florida Filed: Nov. 06, 2012

The issue in this case is whether the Department of Health, Board of Massage Therapy, should discipline the Respondent, Jun Ping Hao, based on the manner in which she applied for and obtained her license.DOH did not prove that licensee obtained massage therapy license by disciplinable means.

12-003824PL DEPARTMENT OF HEALTH, BOARD OF MASSAGE THERAPY vs MEIHUA QIU, L.M.T. (2012)

Division of Administrative Hearings, Florida Filed: Nov. 16, 2012

The issue in this case is whether the Department of Health, Board of Massage Therapy, should discipline the Respondent, Meihua Qiu, based on the manner in which she applied for and obtained her license.It was not proven that Respondent obtained license by fraud or misrepresentation

11-005794BID PRO TECH MONITORING, INC. vs DEPARTMENT OF CORRECTIONS (2011)

Division of Administrative Hearings, Florida Filed: Nov. 10, 2011

The issue in this case is whether Respondent's intended award of a contract to Intervenor pursuant to Request for Proposals No. 10-DC-8200 is contrary to Respondent's governing statutes, Respondent's rules and policies, and the specifications of the Request for Proposals.Petitioner proved that Intervenor's proposal contained material deviations from the terms, conditions and specifications of the RFP. The award of the contract to Intervenor was clearly erroneous, arbitrary, capricious, and contrary to competition.

10-009969BID KEYSTONE PEER REVIEW ORGANIZATION, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION (2010)

Division of Administrative Hearings, Florida Filed: Oct. 29, 2010

The issue in this proceeding is whether the intended action of Respondent, Agency for Health Care Administration, to award a contract to Intervenor, eQHealthSolutions, Inc., is contrary to the agency's governing statutes, the agency's rules or policies, or the solicitation specifications. The standard of proof for this proceeding is whether the proposed agency action is clearly erroneous, contrary to competition, arbitrary, or capricious.Award of contract to vendor w/ $12 million more costly reply to Invitation to Negotiate wasn't contrary to governing statutes, rules, & policies and was not clearly erroneous, arbitrary, capricious, or contrary to competition. Law when ITN issues governs.

09-003630N NEALY MUNOZ AND JOHN MUNOZ, ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF GIOVANNI MUNOZ, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION (2009)

Division of Administrative Hearings, Florida Filed: Jul. 09, 2009

Whether the injury claimed is a birth-related neurological injury and qualifies for coverage under the Florida Birth- Related Neurological Injury Compensation Plan.The infant's brain injury most likely pre-dated labor, delivery and resuscitation in the immediate postdelivery period. The petition is dismissed with prejudice.

08-001606PL DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, BOARD OF VETERINARY MEDICINE vs THANDAVESHWAR MYSORE, D.V.M. (2008)

Division of Administrative Hearings, Florida Filed: Apr. 01, 2008

The issues in this case are whether the Respondent, Thandaveshwar Mysore, D.V.M., committed the violations alleged in an Administrative Complaint, DPBR Case Number 2005-005136, filed by the Petitioner Department of Business and Professional Regulation on October 19, 2006, and, if so, the penalty that should be imposed.Respondent violated standard of care by leaing hairs inside incision, which led to necrotic tissue and also failed keep adequate records.

04-002414RX GOODE "BUDDY" YEOMAN vs DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION, CONSTRUCTION INDUSTRY LICENSING BOARD (2004)

Division of Administrative Hearings, Florida Filed: Jul. 12, 2004

This is a rule challenge proceeding in which the following specific issues are presented: Whether Florida Administrative Code Rule 61G4-12.006 is an invalid delegation of legislative authority, and Whether application of the provisions of Section 112.011(1)(b), Florida Statutes, by the Construction Industry Licensing Board in its quasi-judicial capacity constitutes an agency statement of general applicability that requires rulemaking by the agency.An adopted rule repealed by the legislative action cannot be challenged under Section 120.56, Florida Statutes. A related agency statement was not a rule.

04-003976BID NCS PEARSON, INC., D/B/A PEARSON EDUCATIONAL MEASUREMENT vs DEPARTMENT OF EDUCATION (2004)

Division of Administrative Hearings, Florida Filed: Nov. 02, 2004

Whether Respondent, Department of Education's ("Respondent"), Notice of Intent to Award the contract for Request for Proposal No. 2005-01 ("RFP"), for Administration of the Florida Comprehensive Assessment Test ("FCAT"), is contrary to Respondent's governing statutes, rules or policies, or the bid or proposal specifications. Whether Respondent's proposed action was clearly erroneous, contrary to competition, arbitrary, or capricious.After receiving 3 bids to administer the Florida Comprehensive Assessment Test, Respondent`s evaluation committee sought additional information from bidders, but did not violate basic requirements of statutes or the Request for Proposal. Notice upheld.

Martin Patrick McDonnell