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MICHAEL MCMILLAN, D.M.D. vs DEPARTMENT OF HEALTH, BOARD OF DENISTRY, 02-002156F (2002)

Court: Division of Administrative Hearings, Florida Number: 02-002156F Visitors: 30
Petitioner: MICHAEL MCMILLAN, D.M.D.
Respondent: DEPARTMENT OF HEALTH, BOARD OF DENISTRY
Judges: DANIEL MANRY
Agency: Department of Health
Locations: Fort Myers, Florida
Filed: May 23, 2002
Status: Closed
DOAH Final Order on Friday, April 25, 2003.

Latest Update: Apr. 25, 2003
Summary: Absence of clear and evidence does not mean there was no probable cause to initiate administrative proceeding against licensee for the purposes of section 57.111.

Docket for Case No: 02-002156F
Issue Date Proceedings
Apr. 25, 2003 Final Order issued. CASE CLOSED.
Feb. 12, 2003 Petitioner`s Response to Respondent`s Motion to Strike Petitioner`s memorandum of Law in Support of Petitioner`s Claim for Attorney`s Fees filed.
Feb. 05, 2003 Respondent`s Response and Request to Deny Petitioner`s Motion for Official Recognition (filed via facsimile).
Feb. 05, 2003 Respondent`s Response and Motion to Strike Petitioner`s Memorandum of Law in Support of Petitioner`s Claim for Attorney`s Fees (filed via facsimile).
Jan. 31, 2003 Respondent`s Notice of Intent to Respond to Petitioner`s Motion for Official Recognition and Memorandum of Law in Support of Petitioner`s Claim for Attorney`s Fees filed.
Jan. 31, 2003 Respondent`s Proposed Final Order filed.
Jan. 31, 2003 Respondent`s Notice of Intent to Respond to Petitioner`s Motion for Official Recognition and Memorandum of Law in Support of Petitioner`s Claim for Attorney`s Fees (filed via facsimile).
Jan. 30, 2003 Joint Submission of Exhibits filed by Respondent.
Jan. 30, 2003 Petitioner`s Proposed Recommended Order filed.
Jan. 30, 2003 Memorandum of Law in Support of Petitioner`s Claim for Attorney Fees filed by Petitioner.
Jan. 30, 2003 Motion for Official Recognition of the Final Order in the Matter of Department of Health, Petitioner V. Michael McMillian, D.M.D., DOAH Case No. 2001-3509PL, DOH Case No. 2000-02563 filed by Petitioner.
Dec. 19, 2002 Joint Stipulation and Request for Cancellation of Hearing (filed via facsimile).
Dec. 06, 2002 Respondent`s First Amendment to the Prehearing Stipulation (filed via facsimile).
Dec. 04, 2002 Respondent`s Notice of Adding a Witness to the Joint Prehearing Stipulation (filed via facsimile).
Nov. 19, 2002 Notice of Appearance (filed by T. Bowles via facsimile).
Nov. 15, 2002 Amended Notice of Hearing issued. (hearing set for December 19, 2002; 9:30 a.m.; Fort Myers, FL, amended as to Location).
Nov. 14, 2002 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for December 19, 2002; 9:30 a.m.; Fort Myers, FL).
Oct. 31, 2002 Notice of Cancellation of Deposition, N. Elias, D.D.S. (filed by Respondent via facsimile).
Oct. 31, 2002 Amended Motion for Continuance (filed by Petitioner via facsimile).
Oct. 28, 2002 Motion for Continuance filed by Petitioner.
Oct. 22, 2002 Order Denying Petitioner`s Motion for Continuance issued.
Oct. 17, 2002 Motion for Continuance filed by Petitioner.
Oct. 17, 2002 Notice of Appearance of Counsel (filed by Petitioner).
Oct. 16, 2002 Respondent`s Notice of Taking Deposition, N. Elias, D.D.S. (filed via facsimile).
Sep. 20, 2002 Order Granting Withdrawal issued.
Sep. 20, 2002 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for November 22, 2002; 9:30 a.m.; Fort Myers, FL).
Sep. 18, 2002 Motion of Petitioner to Continue Hearing on Fee Application and Motion of Henderson, Franklin Starnes & Holt, P.A. to Withdraw as Counsel for Petitioner (filed via facsimile).
Sep. 17, 2002 Prehearing Stipulation (filed by Petitioner via facsimile).
Aug. 19, 2002 Supplemental Affidavit in Opposition to Application for Attorney`s Fees (filed by Respondent via facsimile).
Aug. 19, 2002 Notice of Filing (filed via facsimile).
Aug. 16, 2002 Notice of Filing,Supplemental Affidavit of Frank Recker is Support of Respondent`s Application for Attorney`s Fees filed.
Aug. 14, 2002 Supplemental Response to Petitioner`s Petition for Attorney`s Fees (filed by Respondent via facsimile).
Aug. 13, 2002 Amended Notice of Hearing issued. (hearing set for September 20, 2002; 2:00 p.m.; Fort Myers, FL, amended as to Time).
Jul. 25, 2002 Notice of Service of Discovery (filed by Petitioner via facsimile).
Jul. 16, 2002 Order Denying Motion to Dismiss issued.
Jul. 16, 2002 Order Denying Motion issued. (motion to strike attachments is denied)
Jul. 16, 2002 Order Denying Motion issued. (motion to strike pleadings denied)
Jul. 15, 2002 Petitioner`s Response to Motion to Strike Pleadings (filed via facsimile).
Jul. 11, 2002 Affidavit in Opposition to Application for Attorney`s Fees filed by M. Reiter
Jul. 11, 2002 Affidavit of Government Record Custodian filed.
Jul. 11, 2002 Response to Petitioner`s Petition for Attorney`s Fees filed.
Jul. 10, 2002 Petitioner, Michael Mcmillan, D.M.D.`s Response to Respondent`s Motion to Strike Attachment and Motion to Dismiss (filed via facsimile).
Jul. 10, 2002 Motion to Strike Pleadings (filed Respondent via facsimile).
Jul. 09, 2002 Motion to Strike Attachment and Motion to Dismiss (filed by Respondent via facsimile).
Jul. 05, 2002 Notice of Service of Petitioner, Michael McMillian, D.M.D.`s First Set of Interrogatories to Respondent, Department of Health, Board of Dentistry (filed via facsimile).
Jul. 05, 2002 Petitioner, Michael Mcmillian, D.M.D.`s First Request for Production of Documents to Respondent, Department of Health, Board of Dentistry (filed via facsimile).
Jul. 05, 2002 Order issued. (motion is granted)
Jul. 05, 2002 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for September 20, 2002; 9:30 a.m.; Fort Myers, FL).
Jun. 28, 2002 Notice of Change of Address (filed by Petitioner via facsimile).
Jun. 27, 2002 Joint Motion to Amend Initial Order and Continuation or Cancellation of Hearing (filed via facsimile).
Jun. 12, 2002 Motion to Dismiss Motion to Abate Order and Cancel Hearing (filed by Respondent via facsimile).
Jun. 12, 2002 Petition for Limited Intervention (filed by Respondent via facsimile).
Jun. 05, 2002 Notice of Hearing issued (hearing set for July 30, 2002; 9:30 a.m.; Fort Myers, FL).
May 24, 2002 Initial Order issued.
May 23, 2002 Respondent, Michael McMillan, D.M.D.`s Application for Attorney`s Fees (formerly DOAH Case No. 01-3509PL) filed via facsimile.

Orders for Case No: 02-002156F
Issue Date Document Summary
Apr. 25, 2003 DOAH Final Order Absence of clear and evidence does not mean there was no probable cause to initiate administrative proceeding against licensee for the purposes of section 57.111.
Source:  Florida - Division of Administrative Hearings

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