Filed: Aug. 24, 2018
Latest Update: Mar. 03, 2020
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D17-4280 _ JOSE GOMEZ-CORTES, M.D., Appellant, v. AGENCY FOR HEALTH CARE ADMINISTRATION, Appellee. _ On appeal from the Agency for Health Care Administration. Justin M. Senior, Secretary. August 24, 2018 PER CURIAM. Appellant contends that the Agency for Health Care Administration erred when it denied his motion to vacate without affording him an evidentiary hearing to resolve the factual question of whether he received sufficient notice of
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D17-4280 _ JOSE GOMEZ-CORTES, M.D., Appellant, v. AGENCY FOR HEALTH CARE ADMINISTRATION, Appellee. _ On appeal from the Agency for Health Care Administration. Justin M. Senior, Secretary. August 24, 2018 PER CURIAM. Appellant contends that the Agency for Health Care Administration erred when it denied his motion to vacate without affording him an evidentiary hearing to resolve the factual question of whether he received sufficient notice of A..
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D17-4280
_____________________________
JOSE GOMEZ-CORTES, M.D.,
Appellant,
v.
AGENCY FOR HEALTH CARE
ADMINISTRATION,
Appellee.
_____________________________
On appeal from the Agency for Health Care Administration.
Justin M. Senior, Secretary.
August 24, 2018
PER CURIAM.
Appellant contends that the Agency for Health Care
Administration erred when it denied his motion to vacate without
affording him an evidentiary hearing to resolve the factual
question of whether he received sufficient notice of AHCA’s final
orders. We agree. See Reich v. Dep’t of Health, 868 So. 2d 1275,
1276 (Fla. 1st DCA 2004).
REVERSED and REMANDED.
WOLF, JAY, and WINSOR, JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
Sean M. Ellsworth of Ellsworth Law Firm, P.A., Miami Beach, for
Appellant.
Nicholas A. Merlin, Senior Attorney, Agency for Health Care
Administration, Tallahassee, for Appellee.
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