Florida District Courts of Appeal, 2011

Pichardo v. Department of Health

Pichardo v. Department of Health
Florida District Courts of Appeal · Decided October 19, 2011 · Van Nortwick, Ray, Swanson
71 So. 3d 950; 2011 Fla. App. LEXIS 16559; 2011 WL 4953394 (Southern Reporter, Third Series)

Pichardo v. Department of Health

Opinion

PER CURIAM.

Appellee’s motion to relinquish jurisdiction or quash final order and remand for formal hearing is treated by the court as a concession that there was an error in procedure when the administrative complaint was not referred to the Division of Administrative Hearings for a hearing involving disputed issues of material fact. In accor *951 dance therewith, the final order being appealed herein is quashed and the matter is remanded with directions to refer the administrative complaint to DOAH for proceedings pursuant to section 120.57(1), Florida Statutes.

VAN NORTWICK, RAY, and SWANSON, JJ., concur.

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