Emergency Order of Suspension Quashed — Attorney’s Fees & Cost Denied —
Factual Allegations Found to Be Wholly Insufficient — Attorney’s Fees Denied For Failure to Request In a Separate Motion, IAS_IX-1.
Violation of Rule, IAS_IX-3.
Declaratory Statement (See DECLARATORY STATEMENTS)
Emergency Suspension —
Inappropriate Sexual Conduct With Female Patients — Failure to Explain Why Less Harsh Penalty Would Be Insufficient — Reversed & Remanded, IAS_IX-4.
Comprehensive Plan — Local (See Also ECONOMIC OPPORTUNITY, Dept. of) —
DOAH Recommended Order (See Also PRACTICE & PROCEDURE, DOAH Recommended Order) —
Comm. Must Rely On the Record Developed At DOAH, IAS_IX-5.
In Compliance —
Found Over Contrary DOAH Recommendation, IAS_IX-7.
Intervenors (See Also PRACTICE & PROCEDURE) —
Affected Persons — Defined, IAS_IX-8.
Burden of Proof — Fact Findings — Preponderance of the Evidence, IAS_IX-9.
Burden of Proof — Not Even Fairly Debatable Standard, IAS_IX-10.
Manatee County — Intervenor Challenge to Amendment — Amendment Found In Compliance, IAS_IX-11.
Procedural Errors —
Not Reviewable Administratively — Generally Reviewable In Circuit Court, IAS_IX-12.
Birth-Related Neurological Injury Compensation Plan (NICA) —
Amount of Award Determined, IAS_IX-13.
Appellate Order On Motion For Rehearing & For Written Opinion: Southern Baptist Hospital v. Johnson et al., IAS_IX-14.
Appellate Order On Motion For Rehearing: N.R. As Parent & Natural Guardian of K.T.O. v. NICA, IAS_IX-15.
Appellate Order on Motion For Clarification: Univ. of Miami v. Ruiz, IAS_IX-16.
Appellate Remand — Order On: Rivera v. NICA et al., IAS_IX-17.
Attorney’s Fees & Costs (See Also PRACTICE & PROCEDURE, Attorney’s Fees & Costs) —
Amount Determined — Methodology Examined, IAS_IX-18.
Distinction Between Hours Actually Worked & Hours Expended Examined, IAS_IX-20.
Duplicative Time Expended By Multiple Attorneys Is Not Allowed, IAS_IX-21.
Expert Testimony Is Required to Support Both the Reasonableness of the Hours Expended & the Rate Charged, IAS_IX-22.
Lodestar Methodology Examined, IAS_IX-23.
Order On Reasonable Fees & Costs, IAS_IX-24.
Paralegals or Law Clerks Must Perform Work Typically Done By Attorneys In Order to Be Billed, IAS_IX-25.
Appropriate Level of Custodial Care Benefits Examined, IAS_IX-26.
Birth-Related Injury —
Both Substantial Mental & Physical Impairment Is Required, IAS_IX-27.
DOAH Determination Regarding Is Entitled to Considerable Deference, IAS_IX-28.
Defined & Discussed, IAS_IX-29.
Doctrine of Vicarious Liability & Respondent Superior Apply to NICA, IAS_IX-30.
Does Not Include Genetic or Congenital Abnormalities, IAS_IX-31.
Found Lacking, IAS_IX-32.
Injury Must Be “Catastrophic”, IAS_IX-34.
Measure of a Compensable Injury Is Far Beyond a Child Being “Not Normal”, IAS_IX-35.
Must Occur During the Statutory Period, IAS_IX-36.
Need For Resuscitation In the Immediate Post-Delivery Period Is Probative, IAS_IX-37.
Permanent & Substantial Mental or Physical Injury — Defined & Discussed, IAS_IX-38.
Problematic Nature of This Determination Examined, IAS_IX-39.
Burden of Proof —
DOAH Has Exclusive Jurisdiction —
Circuit Court Denial of Motion to Abate Personal Injury Suit Pending DOAH Determination Affirmed, IAS_IX-41.
DOAH ALJ Is to Determine Whether An Injury Is Compensable & Any Amount of Compensation Due, IAS_IX-42.
DOAH ALJ Is to Determine Whether Notice Was Properly Given, IAS_IX-43.
DOAH Cannot Delve Into Issue of Waiver of Benefits, IAS_IX-44.
DOAH Cannot Delve Into Issue of Whether a Guardian Must Be Appointed, IAS_IX-45.
Found Lacking, IAS_IX-46.
Incentives & Avenues to Escape NICA Jurisdiction Examined, IAS_IX-47.
Minimum Statutory Weight Found Lacking, IAS_IX-48.
NICA Benefits Are Severable As to Defendants, IAS_IX-49.
To Determine Issue of Compensability & Whether the Physician Was a Participating Physician, IAS_IX-50.
To Determine Whether Requisite Notice Was Given, IAS_IX-51.
Immunity From Suit —
Extends Only to Hospitals “Directly Involved” & Participating Physicians If Proper Notice Is Given, IAS_IX-52.
Party Must Be Directly Involved In Labor & Delivery In Order to Be Liable — University With Teaching Hospital, IAS_IX-53.
Teaching Hospital — Status of Exhaustively Explored, IAS_IX-54.
Limit on Award — Supreme Court Certified Question Jurisdiction —
Limit of $100,000 Per Claim Found Not Vague or Violative of Equal Protection, IAS_IX-55.
Mechanics of Plan — Examined, IAS_IX-56.
Medical Necessity Discussed, IAS_IX-57.
NICA Award Must Be Forgone Prior to the Filing of a Civil Suit, IAS_IX-58.
Notification of NICA Limitation On Liability —
Acknowledgement Form — Patient Execution of Creates Rebuttable Presumption of Requisite Notices, IAS_IX-59.
Alleged Deficiency — Burden of Proof, IAS_IX-60.
Burden of Proof Regarding — On Intervenor Assailing the Adequacy of, IAS_IX-61.
Burden of Proof Regarding, IAS_IX-62.
Condition Precedent to NICA Exclusivity, IAS_IX-63.
DOAH ALJ Is to Determine Issues Regarding, IAS_IX-64.
DOAH Has Exclusive Jurisdiction to Make Factual Determinations Regarding, IAS_IX-65.
Either the Hospital or the Physician Fails to Provide, IAS_IX-66.
Entity That Is Neither a Hospital Nor a Physician — University With Teaching Hospital — Direct Involvement Test, IAS_IX-67.
Failure to Provide Is Severable As to Each Entity Required to Give Notice, IAS_IX-68.
Foreign Language Patient — Does Not Relieve Responsibility to Provide Notice, IAS_IX-69.
Formation of the Provider-Obstetrical Patient Relationship Triggers the Requirement For, IAS_IX-70.
Formation of the Provider-Obstetrical Patient Relationship — Must Be Given Within a Reasonable Time, IAS_IX-71.
Formation of the Provider-Obstetrical Patient Relationship — Question of Fact, IAS_IX-72.
Hospital — Provision of On Behalf of Physicians, IAS_IX-73.
Independent Notice From Both Hospital & Physician Is Required, IAS_IX-74.
Must Be Given Within a Reasonable Time After Provider-Patient Relationship Forms – Absent An Emergency, IAS_IX-75.
Must Be Given Within a Reasonable Time After the Formation of the Provider-Patient Relationship, IAS_IX-76.
Must Be Provided On Forms Finished By the Association — Acknowledgement Document Distinguished, IAS_IX-77.
NICA Brochure Need Not Be Augmented With Verbal Explanations, IAS_IX-78.
Physician — Group Practice, IAS_IX-79.
Physician — Must Give Notice On Their Own, IAS_IX-80.
Physician — Waiting Until a Patient Is In the Emergency Room Is Inadequate, IAS_IX-81.
Purpose of Examined, IAS_IX-82.
Reasonable Time — Determination of, IAS_IX-83.
Requirement Found Inapplicable to Hospital, IAS_IX-84.
Requirement Found Not to Have Been Satisfied — Hospital, IAS_IX-85.
Requirement Found Not to Have Been Satisfied — Physician, IAS_IX-86.
Requirement Found to Have Been Satisfied — Hospital, IAS_IX-87.
Requirement Found to Have Been Satisfied — Physician, IAS_IX-88.
Signature on Acknowledgement Form Gives Rise to a Rebuttable Presumption, IAS_IX-89.
Teaching Hospital — Found Not Required Due to Absence of “Direct” Involvement, IAS_IX-90.
Time Limit Not Provided Statutorily, IAS_IX-91.
Participating Physician —
Found Lacking, IAS_IX-92.
Issue Regarding Raised By Healthcare Providers, IAS_IX-94.
Mixed Questions of Fact & Law, IAS_IX-95.
Physician — Fails to Pay Assessment, IAS_IX-96.
Presumption In Favor of Compensability —
Available Only to Petitioner, IAS_IX-97.
Need Not Be Invoked, IAS_IX-98.
Purpose of Plan — Examined, IAS_IX-99.
Recoverable Expenses Examined — Dance Lessons Denied, IAS_IX-100.
Statute of Limitations — Five (5) Years, IAS_IX-101.
Statutory Substitutes For Common Law Rights Are to Be Strictly Construed, IAS_IX-102.
Teaching Hospital Found Not Subject to Due to Lack of Direct Involvement, IAS_IX-103.
Convicted Vendor List —
Consent Order Accepted, IAS_IX-104.
Exceptional Education Student (See Also SCHOOL BOARDS) —
DOAH 57.105(5) Award of Attorney’s Fees In Favor of School Bd. Reversed For Lack of Jurisdiction (See Also PRACTICE & PROCEDURE, Attorney’s Fees & Costs), IAS_IX-105.
Hearings Conducted Pursuant to 1003.57(1)(b) Are Exempt From 120.569, 120.57 & 286.011, IAS_IX-106.
Declaratory Statement (See DECLARATORY STATEMENTS)
Immediate Final Order — Citrus Canker —
As Applied Constitutional Challenge to 11.066(3) & (4) Dismissed By Circuit Court Again As Not Ripe For Appellate Review —
Affirmed on Basis of a Failure to Seek a Writ of Mandamus, IAS_IX-107.
Circuit Court Award of Damages In Inverse Condemnation Suit Reversed & Remanded, IAS_IX-108.
Appellate Court —
Attorney General Opinions Are Not Binding But Are Entitled to Careful Consideration & Are Highly Persuasive, IAS_IX-109.
Expedited Review —
Emergency Suspension of License — Granted, IAS_IX-110.
Lower Tribunal Cannot Deviate From Mandate, IAS_IX-111.
Mandate Cannot Be Avoided By Claiming That the Legislature Failed to Appropriate Requisite Funds, IAS_IX-112.
Must Apply the Law That Exists At the Time of the Appeal, IAS_IX-113.
Retirement of a Panel Member After the Decision — Motion For Rehearing — Case Considered Anew, IAS_IX-114.
Supreme Court —
Conflict Jurisdiction, IAS_IX-115.
Federal Appellate Court Defers to Fla. Supreme Court On Question of Fla. Law, IAS_IX-116.
Invalidation of a State Statute, IAS_IX-117.
Motion For Certification of Question to Denied, IAS_IX-118.
Tipsy Coachman Doctrine —
Appellate Court Must Not Usurp Role of Fact Finder When Employing, IAS_IX-119.
Correct Result For Wrong Reasons Is Affirmable, IAS_IX-120.
Right Result For the Wrong Reason Is to Be Affirmed, IAS_IX-121.
Attorney’s Fees & Costs (See PRACTICE & PROCEDURE)
Circuit Court —
Affirmative Defense —
Cannot Be Utilized to Reweigh the Evidence – Can Be Utilized If Compentent Substantial Evidence Is Lacking, IAS_IX-122.
Bound By Applicable Appellate Court Caselaw, IAS_IX-123.
Bound By Prior Precedents of the Jurisdiction In Which the Judge Serves, IAS_IX-124.
Collateral Attack On Administrative Action Found Appropriate — Circuit Court Dismissal of Challenge Reversed, IAS_IX-125.
Essential Requirements of Law — Departure From Requires Something More Than Simple Legal Error, IAS_IX-126.
Essential Requirements of Law — Discussed, IAS_IX-127.
Generally Not Available For Review of Denial of Motion to Dismiss or Summary Judgment — Exception For Claim of Immunity, IAS_IX-128.
Declaratory Judgment —
Actual, Bona Fide, Present & Practical Need For a Declaration Is Required, IAS_IX-129.
Advisory Opinions Are Not Contemplated, IAS_IX-130.
Controversy Must Be Definite, Concrete & Not Moot, IAS_IX-131.
Four (4) Part Test For Availability of, IAS_IX-132.
Justiciable Controversy Is Required, IAS_IX-133.
Possibility of Injury At Some Indeterminate Time In the Future Does Not Support Standing, IAS_IX-134.
Fact Findings (See Also Fact Findings; PRACTICE & PROCEDURE, DOAH, Recommended Order) —
Unsworn Statements By Counsel Do Not Constitute, IAS_IX-135.
Fraud On the Court —
Burden of Proof Is By Clear & Convincing Evidence, IAS_IX-136.
Defined & Discussed, IAS_IX-137.
Adequate Remedy At Law Must Be Lacking, IAS_IX-138.
Irreparable Harm Must Be Imminent, IAS_IX-140.
Partial Summary Judgment Distinguished From, IAS_IX-141.
Separation of Powers Doctrine Limits But Does Not Eliminate Applicability to Agency Action, IAS_IX-142.
Cannot Award Relief Not Requested, IAS_IX-143.
Jury Trial —
Order Letter Found Nonfinal Due to Not Having Been Filed With the Agency Clerk, IAS_IX-144.
Motion to Dismiss —
Grant of Is a Severe Sanction Reserved For Only the Most Extreme Circumstances, IAS_IX-145.
Nonfinal Order —
Appellate Review — Found Improper, IAS_IX-146.
Partial Summary Judgment Constitutes, IAS_IX-147.
Rules (See Rules)
Summary Judgment —
An Appellate Court Must Examine the Record In the Light Most Favorable to the Moving Party, IAS_IX-148.
Appellate Review of Is De Novo, IAS_IX-149.
Appropriate In Absence of Disputed Material Facts, IAS_IX-150.
Denial of — Certiorari Vis Plenary Appeal — Irreparable Harm — Immunity Claim — Cost of Litigation, IAS_IX-151.
Immunity — Claim of, IAS_IX-152.
Improper If There Are Disputed Issues of Material Fact, IAS_IX-153.
Partial Summary Judgment Is a Nonfinal Order – Not An Injunction, IAS_IX-154.
There Must Be No Genuine Issue of Material Fact, IAS_IX-155.
Conclusion of Law (See ALso PRACTICE & PROCEDURE, DOAH, Recommended Order) —
Appellate Review Is De Novo, IAS_IX-156.
Confession of Error —
Accepted Over Claimant’s Objection, IAS_IX-158.
Not Binding On An Appellate Court, IAS_IX-159.
Emergency Final Order (See Also PRACTICE & PROCEDURE, Emergency Procedures) —
Standard of Review — Examined, IAS_IX-161.
Suspension of License — Supersedeas Shall Be Granted As a Matter of Right, IAS_IX-162.
Enforcement Action (See ENVIRONMENTAL PROTECTION, Dept. of (DEP))
Exhaustion of Administrative Remedies —
A Matter of Policy Not Jurisdiction, IAS_IX-163.
Direct File Exception For Facial Constitutional Challenge Found Applicable, IAS_IX-164.
Doctrine — Found Applicable, IAS_IX-165.
Doctrine — Found Inapplicable, IAS_IX-166.
Doctrine of Primary Jurisdiction Found Applicable, IAS_IX-167.
Exception For Constitutional Issues, IAS_IX-168.
Exception For Jurisdictional Challenges, IAS_IX-169.
Rule Challenge — Absence of Requisite Authority Is Not Apparent Facially, IAS_IX-170.
School Bd. Denial of Exceptional Student Education Services, IAS_IX-171.
Fact Findings (See Also Circuit Court; PRACTICE & PROCEDURE, DOAH, Recommended Order) —
Cannot Be Disturbed If Supported By “Some” Competent, Substantial Evidence, IAS_IX-172.
Competent Substantial Evidence — Found Lacking, IAS_IX-173.
Court Is Not Guided By DOAH Labeling, IAS_IX-174.
Court Must Remand If Findings Are Inadequate, IAS_IX-175.
Agency Final Order Closing File After Petitions Were Withdrawn & DOAH Remand, IAS_IX-176.
Appellate Review Is De Novo, IAS_IX-177.
Cannot Be Conferred By Consent, IAS_IX-178.
Courts Are Bound to Take Notice of the Limits of Their Authority That Appears At Any Point In a Proceeding, IAS_IX-179.
Exhaustion of Administrative Remedies (See Exhaustion of Administrative Remedies)
Lack of Can Be Raised For the First Time On Appeal, IAS_IX-180.
Appeal From Nonfinal Order Treated As Petition For — Denied, IAS_IX-181.
Appeal From Nonfinal Order Treated As Petition For — Granted, IAS_IX-182.
Circuit Court Denial of — Affirmed, IAS_IX-183.
DOAH Refusal to Accept Remand From AHCA For Additional Fact Findings, IAS_IX-184.
Granted — DOR Failure to Render a Final Order Filed With the Agency Clerk, IAS_IX-186.
Issues Only to Require a Ministerial Duty Imposed By Law On a Public Official, IAS_IX-188.
Petition For Dismissed As Moot, IAS_IX-189.
Petitioner Must Be Without Any Other Specific Legal Remedy, IAS_IX-190.
Proper Officer to Whom a Petition For Is Directed, IAS_IX-191.
Test For Entitlement to, IAS_IX-192.
Utilized to Enforce an Established Legal Right By Compelled Performance of a Duty Required By Law, IAS_IX-193.
Moot Case (See PRACTICE & PROCEDURE)
Nonfinal Order —
Appellate Review — Found Not Proper, IAS_IX-194.
Appellate Review — Found Proper, IAS_IX-195.
Certiorari Found to Be the Proper Vehicle, IAS_IX-196.
Denial of Third Party Intervention, IAS_IX-197.
Emergency Restriction On License — Review Denied, IAS_IX-198.
Failure to Properly Render a Final Order & File With the Agency Clerk — DOR — Reversed, IAS_IX-199.
Irreparable Harm — Immunity — Claim of — Cost of Litigation Found Alone to Constitute Irreparable Harm, IAS_IX-200.
Order Regarding Jurisdiction Constitutes & Is Not Appealable, IAS_IX-201.
Petition For Review of Treated As Petition For Writ of Prohibition, IAS_IX-202.
Standard of Review Is Analogous to Certiorari Review, IAS_IX-203.
Notice of Appeal —
Dismissal As Untimely Without Prejudice —
Copy of Final Order Was Not Date-Stamped — Appeal Dismissed As Untimely Nontheless, IAS_IX-204.
Petition For Agency to Vacate & Reenter Final Order On Appeal, IAS_IX-205.
Divests an Agency of Jurisdiction, IAS_IX-206.
Inmate Filing —
Date of Filing — Institutional System For Legal Mail — Amended Rule of Appellate Procedure, IAS_IX-207.
Treated As Petition For Writ of Certiorari & Transferred to Circuit Court, IAS_IX-208.
Penalty (See Also DISCIPLINE; ENVIRONMENTAL PROTECTION, Dept. of (DEP); PRACTICE & PROCEDURE, DOAH, Recommended Order) —
Abuse of Discretion Standard Is Applicable, IAS_IX-209.
Not Reviewable If Within Permissible Statutory Range, IAS_IX-210.
Preservation of Error For Appeal —
Issues Not Argued On Appeal Cannot Be Reached, IAS_IX-211.
Issues Not Raised & Ruled On Below Cannot Be Reached, IAS_IX-212.
Not Required For Challenges to Subject Matter Jurisdiction, IAS_IX-213.
Not Required For Constitutional Challenges, IAS_IX-214.
Appellate Review Is De Novo, IAS_IX-215.
Petition For — Denied, IAS_IX-216.
Petition For — Granted, IAS_IX-217.
Unavailable Absent An Appropriate Written Final Order, IAS_IX-218.
Evidence Not Introduced Below Cannot Be Considered, IAS_IX-219.
Indigent Status —
Request For Denied, IAS_IX-220.
Rules (See Also RULES & RULEMAKING, Appellate Review) —
Agency Belated Voluntary Withdrawal of Disputed Unpromulgated Rule Found Inadequate to Avoid Appellate Attorney’s Fees Award, IAS_IX-221.
Appellate Review (See Also APPELLATE REVIEW) —
Courts Will Not Second-Guess Policy Choices, IAS_IX-222.
Scope of Is Limited, IAS_IX-223.
Challenge to Validity Transfered From Circuit Court to DOAH Pursuant to the Doctrine of Primary Jurisdiction, IAS_IX-224.
Circuit Court Can Invalidate, IAS_IX-225.
Circuit Court Order Invalidating DCF Rule Reversed, IAS_IX-226.
Circuit Courts Routinely Address Validity of Rules Even If the Promulgating Agency Is Not a Party, IAS_IX-227.
Direct Review Is Limited to Situations In Which the Absence of Requisite Authority Is Apparent Facially, IAS_IX-228.
DOAH Administrative Challenge Found Prerequisite Due to the Fact That Facial Validity Was Not At Issue & Fact Findings Were Required, IAS_IX-229.
Show Cause —
Issued Against Agency For Maintaining a Frivolous Defense to an Appeal, IAS_IX-230.
Standing (See Also PRACTICE & PROCEDURE, Intervenors) —
Found Lacking, IAS_IX-231.
Injury Alleged Found Too Abstract, IAS_IX-232.
Question of Law, IAS_IX-233.
Taxpayer Suit (See Also CONSTITUTION (Fla.), Separation of Powers) —
Special Injury Requirement — Exception For Constitutional Challenge Based On Legislature’s Taxing & Spending Powers, IAS_IX-234.
Special Injury Requirement — Grounded In Separation of Powers Doctrine, IAS_IX-235.
Special Injury Requirement — Tax Credit Does Not Implicate Exception Related to Legislative Taxing & Spending Powers, IAS_IX-236.
While All Well Plead Allegations Must Be Accepted As True — Internally Inconsistent, Conclusory, Unwarranted Deductions & Legal Conclusions Need Not Be Accepted As Such, IAS_IX-237.
Statutes (See Also CONSTITUTION (Fla.), Statutes; STATUTES) —
Appellate Review Is De Novo, IAS_IX-238.
Stay (See Also CERTIFICATE OF NEED (CON)) —
Agency (DCF) Motion For Denied, IAS_IX-239.
Agency Emergency Motion For Denied, IAS_IX-240.
Agency Must Apply the Law In Effect At the Time of Final Decision, IAS_IX-241.
Automatic — DOAH Rule Invalidation, IAS_IX-242.
Burden of Proof & Pleading Requirements Regarding Examined, IAS_IX-243.
Cannot Be Filed Prior to Entry of a Final Order, IAS_IX-244.
Expedited Motion For Discussed, IAS_IX-247.
Found Not Contemplated In CON Cases, IAS_IX-248.
Four (4) Part Test For, IAS_IX-249.
Licensee Motion For Denied, IAS_IX-251.
Requirement That Motion For Be Filed Below Examined, IAS_IX-252.
Scope of Review Examined & Found Analogous to Common Law Certiorari, IAS_IX-253.
Public Records Request to the Economic Development Commission (EDC) of Florida’s Space Coast Upheld By the Circuit Court, IAS_IX-254.
Comm. Grants & Denies In Part a Petition For a Declaratory Statement —
Manufacture of a “Plywood Alternative” For Windstorm Protection — Requisite Approval Questioned — Affirmed, IAS_IX-255.
Alcoholic Beverages —
Div. Final Order Finding That Cigar Wraps Are Taxable As “Loose Tobacco” Reversed, IAS_IX-256.
Pilotage Rate Review Committee —
Denial of Motion to Recuse Committee Member In Rate Matter —
Writ of Prohibition Denied Due to Absence of Appropriate Written Final Order, IAS_IX-257.
Writ of Prohibition Granted After Commissioners Denied Motion For Disqualification Due to a Conflict In Interest, IAS_IX-258.
Tobacco Tax (See TAXATION)