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PAUL KEVIN CHRISTIAN, D.C. vs DEPARTMENT OF HEALTH, BOARD OF CHIROPRACTIC MEDICINE, 12-000794F (2012)

Court: Division of Administrative Hearings, Florida Number: 12-000794F Visitors: 2
Petitioner: PAUL KEVIN CHRISTIAN, D.C.
Respondent: DEPARTMENT OF HEALTH, BOARD OF CHIROPRACTIC MEDICINE
Judges: SUSAN BELYEU KIRKLAND
Agency: Department of Health
Locations: Tallahassee, Florida
Filed: Feb. 29, 2012
Status: Closed
DOAH Final Order on Tuesday, February 26, 2013.

Latest Update: Feb. 26, 2013
Summary: On February 28, 2012, Petitioner, Paul Christian, D.C. (Dr. Christian), filed a Motion for Sanctions Pursuant to Section 57.105, Florida Statutes, relating to DOAH Case No. 11-0722PL.Parties stipulated to attorney's fees and costs.
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STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


PAUL KEVIN CHRISTIAN, D.C., )

)

Petitioner, )

)

vs. )

) DEPARTMENT OF HEALTH, BOARD OF ) CHIROPRACTIC MEDICINE, )

)

Respondent. )


Case No. 12-0794F

)


FINAL ORDER


On February 28, 2012, Petitioner, Paul Christian, D.C.


(Dr. Christian), filed a Motion for Sanctions Pursuant to Section 57.105, Florida Statutes, relating to DOAH Case No. 11-0722PL.

On February 21, 2013, the parties filed a Joint Stipulation for Entry of Final Order on Petitioner's Motion for Attorney's Fees and Costs under Section 57.105, Florida Statutes, requesting that a Final Order be entered in accordance with the parties' agreement. Having considered the stipulation, it is

ORDERED:


  1. Dr. Christian is entitled to an award of attorney's fees and costs in the amount of $80,000, as full and final satisfaction the of the claim filed in the instant case.


  2. Respondent shall pay Dr. Christian $80,000 for attorney's fees and costs. The check shall be made payable to Paul Christian, D.C., 523 Lucerne Avenue, Tampa, Florida 33606.

DONE AND ORDERED this 26th day of February, 2013, in Tallahassee, Leon County, Florida.

S

SUSAN BELYEU KIRKLAND

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us


Filed with the Clerk of the Division of Administrative Hearings this 26th day of February, 2013.


COPIES FURNISHED:


Michael Robert Lowe, Esquire Michael R. Lowe, P.A.

Suite 1124

2180 West State Road 434

Longwood, Florida 32779


Diane K. Kiesling, Esquire Department of Health

Bin C-65

4052 Bald Cypress Way Tallahassee, Florida 32399-1703


Jennifer A. Tschetter Department of Health Bin A-02

4052 Bald Cypress Way Tallahassee, Florida 32399-1703 (eServed)


NOTICE OF RIGHT TO JUDICIAL REVIEW


A party who is adversely affected by this Final Order is entitled to judicial review pursuant to section 120.68, Florida Statutes. Review proceedings are governed by the Florida Rules of Appellate Procedure. Such proceedings are commenced by filing the original notice of administrative appeal with the agency clerk of the Division of Administrative Hearings within 30 days of rendition of the order to be reviewed, and a copy of the notice, accompanied by any filing fees prescribed by law, with the clerk of the District Court of Appeal in the appellate district where the agency maintains its headquarters or where a party resides or as otherwise provided by law.


Docket for Case No: 12-000794F
Issue Date Proceedings
Feb. 26, 2013 Final Order. CASE CLOSED.
Feb. 21, 2013 Joint Stipulation for Entry of Final Order on Petitioner's Motion for Attorney's Fees and Costs Under Sections 57.105, Florida Statutes filed.
Jan. 07, 2013 Notice of Cancellation of Video Deposition Duces Tecum (of G. Marr) filed.
Dec. 28, 2012 Notice of Taking Deposition Duces Tecum (of G. Marr) filed.
Nov. 14, 2012 Order Granting Continuance and Re-scheduling Hearing (hearing set for April 9, 2013; 9:30 a.m.; Tallahassee, FL).
Nov. 13, 2012 Motion for Continuance of January 15, 2013 Evidentiary Hearing filed.
Oct. 26, 2012 Notice of Serving Respondent's Response to Petitioner's First Set of Interrogatories to Respondent filed.
Oct. 12, 2012 Certificate of Non-objection to Production Pursuant to Rule 1.351, Fla.R.CIV.P filed.
Oct. 02, 2012 Notice of Production from Non-Parties filed.
Sep. 27, 2012 Petitioner's Notice of Service of First Set of Interrogatories to Respondent filed.
Jul. 12, 2012 Notice of Substitution of Counsel (of D. Kiesling) filed.
Jul. 11, 2012 Order of Pre-hearing Instructions.
Jul. 11, 2012 Notice of Hearing (hearing set for January 15, 2013; 9:00 a.m.; Tallahassee, FL).
Jul. 10, 2012 Joint Response to the July 2, 2012, Order on Petitioner's Motion for Evidentiary Hearing filed.
Jul. 02, 2012 Order (on motion for evidentiary hearing).
Jun. 29, 2012 Petitioner, Paul K. Christian, D.C.'s Motion for Evidentiary Hearing filed.
Jun. 29, 2012 Petitioner, Paul K. Christian, D.C.'s Notice of Filing of Corrected Final Order filed.
Jun. 01, 2012 Status Report on Final Order filed.
May 24, 2012 Department of Health's Response to Petitioner Paul Christian's Brief Regrding Section 57.105(1), Fla. Stat. filed.
May 15, 2012 Petitioner's Brief Regarding Section 57.105(1) Florida Statutes filed.
May 01, 2012 Order on Motion to Strike and Motion for Reconsideration.
Apr. 30, 2012 CASE STATUS: Motion Hearing Held.
Apr. 12, 2012 Petitioner, Paul K. Christian, D.C.'s Response to Respondent's Motion for Reconsideration of ALJ's Decision to Hold an Evidentiary Hearing on Petitioner's Pending Motion for Sanctions and Attorney's Fees filed.
Apr. 06, 2012 Motion by Respondent Department of Health for Reconsideration of ALJ's Decision to Hold an Evidentiary Hearing on Petitioner's Pending Motion for Sanctions and Attorney's Fees filed.
Apr. 03, 2012 CASE STATUS: Motion Hearing Held.
Mar. 29, 2012 Petitioner, Paul K. Christian, D.C.?s Reply to Respondent, Department of Health, Board of Chiropractic Medicine?s Response to Petitioner?s Motion for Sanctions Pursuant to Section 57.105, Florida Statutes filed.
Mar. 22, 2012 Notice of Telephonic Hearing filed.
Mar. 20, 2012 Respondent's Response to Petitioner's Motion for Sanctions Pursuant to Section 57.105, Florida Statutes filed.
Mar. 13, 2012 Petitioner, Paul K. Christian, D.C.'s Response to Respondent, Department of Health Board of Chiropractic Medicine's Motion to Strike Petitioner's Motion for Sanctions Pursuant to Section 57.105 Florida Statues filed.
Mar. 01, 2012 Motion to Strike Respondent's Motion for Sanctions Pursuant to Section 57.105, Florida Statues filed.
Feb. 29, 2012 Notice sent out that this case is now before the Division of Administrative Hearings.
Feb. 28, 2012 Respondent's Motion for Sanctions Pursuant to Section 57.105 Florida Statues filed. (FORMERLY DOAH CASE NO. 11-0722PL)

Orders for Case No: 12-000794F
Issue Date Document Summary
Feb. 26, 2013 DOAH Final Order Parties stipulated to attorney's fees and costs.
Source:  Florida - Division of Administrative Hearings

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