CENTER FOR CARDIOVASCULAR EXCELLENCE, FLORIDA SOUTH, LLC
v.
DEPARTMENT OF HEALTH
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Center for Cardiovascular Excellence appeals a Department of Health administrative decision. The court affirmed the lower court decision, with one judge concurring in result based on waiver and deference principles.
The court affirmed the Department of Health's decision without detailed analysis in the per curiam opinion.
[1] A party waives the right to a formal hearing by electing an informal hearing and failing to object or request a formal hearing later despite multiple opportunities.
[2] An administrative board must grant a request for a formal hearing when it becomes apparent during an informal hearing that material facts are in dispute.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“When it becomes apparent during an informal hearing that material facts are in dispute, an administrative board must grant a request for a formal hearing. However, it is not the responsibility of the administrative board to terminate an informal hearing when a disputed issue of material fact becomes apparent if not requested to do so.”
Establishes the principle that parties must affirmatively request a formal hearing; the board is not obligated to convert proceedings sua sponte.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe opinion provides minimal factual detail in this per curiam affirmance. The case involves an appeal from a Department of Health administrative proc…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Disputed Material Facts cases and more on FLexlaw
FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
No. 1D2024-0856
CENTER FOR CARDIOVASCULAR EXCELLENCE, FLORIDA SOUTH, LLC,
Appellant,
V.
DEPARTMENT OF HEALTH,
Appellee.
On appeal from the Department of Health. Kenneth A. Scheppke, Deputy Secretary of Health.
February 26, 2025
PER CURIAM.
AFFIRMED.
B.L. THOMAS and RAY, JJ., concur; KELSEY, J., concurs in result with opinion.
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
KELSEY, J., concurring in result.
I concur. See Tillman v. Dep't of Highway Safety & Motor Vehicles, 355 So. 3d 566, 568 (Fla. 1st DCA 2023) (holding that the appellant waived his right to a formal hearing by electing an informal hearing and failing to object or request a formal hearing later despite multiple opportunities to do so); Gonzalez v. Dep't of Health, 120 So. 3d 234, 236–37 (Fla. 1st DCA 2013) (“When it becomes apparent during an informal hearing that material facts are in dispute, an administrative board must grant a request for a formal hearing. However, it is not the responsibility of the administrative board to terminate an informal hearing when a disputed issue of material fact becomes apparent if not requested to do so." (emphasis added) (citations omitted)); Mendez v. Fla. Dep't of Health, 943 So. 2d 909, 911 (Fla. 1st DCA 2006) (“This court cannot substitute its judgment for that of an administrative agency, charged with implementing and enforcing its own statute, when that agency has imposed a penalty within the permissible range of penalties.”); Aldrete v. Dep't of Health Bd. of Med., 879 So. 2d 1244, 1246 (Fla. 1st DCA 2004) (“Penalty imposition is a complex task requiring the ALJ, in making a recommendation, and the Board, in choosing a penalty, to weigh numerous factors. . . We cannot say on appeal that [the physician's] penalty was excessive based on the allegation that others, in [the physician's] opinion, received more favorable treatment.").
Susan L. St. John of Garfunkel Wild, P.C., Fort Lauderdale, for Appellant.
Sarah Young Hodges, Chief Appellate Counsel, Florida Department of Health, Tallahassee, for Appellee.
3
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Eduardo S. Mendez, M.D. v. Fla. Dep't OF Health, 943 So. 2d 909 (Fla. 1st DCA 2006)
- Gonzalez v. Dep't OF Health, 120 So. 3d 234 (Fla. 1st DCA 2013)