Opinion

Sergio Arturo Alvarez, M.D. v. State of Florida, Department of Health, Board of Medicine

Court
District Court of Appeal of Florida
Filed
Jun 26, 2024
Status
Published
Cited by
0 cases
Authority
More cited than 27.5%

“The Department’s ruling may be set aside only upon a finding that it is not supported by substantial competent evidence in the record or that there are material errors in procedure, incorrect interpretations of law, or an abuse of discretion.”

How later courts described this case

  • “The Department’s ruling may be set aside only upon a finding that it is not supported by substantial competent evidence in the record or that there are material errors in procedure, incorrect interpretations of law, or an abuse of discretion.”
  • explaining that hearsay is admissible in administrative proceedings but may not form sole basis for administrative law judge’s determinations

Written by the judges who cited it.

The opinion

Third District Court of Appeal

State of Florida

Opinion filed June 26, 2024.

Not final until disposition of timely filed motion for rehearing.

________________

No. 3D22-1158

Lower Tribunal Nos. DOH Case No. 2019-17732 & DOAH Case No. 21-

2481PL

________________

Sergio Arturo Alvarez, M.D.,

Appellant,

vs.

State of Florida, Department of Health, Board of Medicine,

Appellee.

An Appeal from the State of Florida, Department of Health, Board of

Medicine.

Ellsworth Law Firm, P.A., and Sean M. Ellsworth, for appellant.

Sarah Young Hodges, Chief Appellate Counsel (Tallahassee), for

appellee.

Before LINDSEY, MILLER and LOBREE, JJ.

PER CURIAM.

Affirmed. See Waters v. Dep’t of Health, Bd. of Med., 962 So. 2d 1011,

1013 (Fla. 3d DCA 2007) (“The Department’s ruling may be set aside only

upon a finding that it is not supported by substantial competent evidence in

the record or that there are material errors in procedure, incorrect

interpretations of law, or an abuse of discretion.”); Galvan v. Dep’t of Health,

285 So. 3d 975, 979 (Fla. 3d DCA 2019); Hale v. State Bd. of Admin., 360

So. 3d 817, 821–22 (Fla. 1st DCA 2023) (applying section 120.68(7)(c),

Florida Statutes, and affirming State Board of Administration’s final order

despite agency’s failure to follow procedure for modifications of

recommended order where appellant “fails to show that the result of the

administrative proceeding would have been different without the procedural

errors in the final order”); Strickland v. Fla. A & M Univ., 799 So. 2d 276, 279

(Fla. 1st DCA 2001) (explaining that hearsay is admissible in administrative

proceedings but may not form sole basis for administrative law judge’s

determinations); see also § 120.68(7),(8), Fla. Stat. (2022); § 120.57(1)(c),

Fla. Stat. (2022).

2

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.