FAILER v. DEPARTMENT OF HEALTH (2019)

District Court of Appeal of Florida, First District.

Raymond FAILER, D.O., Appellant, v. DEPARTMENT OF HEALTH, Appellee.

No. 1D19-2031

Decided: December 09, 2019

Mark A. Goldstein, Miami, for Appellant. Sarah Young Hodges, Chief Appellate Counsel, Florida Department of Health, Prosecution Services Unit, Tallahassee, for Appellee.

The Department of Health brought an administrative action against the appellant seeking the revocation of his medical license. Pursuant to section 120.57(1), Florida Statutes, the appellant elected a formal hearing before the Division of Administrative Hearings and filed a motion to dismiss on the basis of res judicata or collateral estoppel. The administrative law judge (ALJ) issued a recommended order of dismissal finding that the administrative action was barred by res judicata. The Board of Osteopathic Medicine rejected the ALJ's recommended order and issued a final order revoking the appellant's medical license.

On appeal, the Department concedes that the Board was not permitted to reject the ALJ's legal conclusion that res judicata barred the present action, as the application of res judicata was a matter beyond the Board's substantive jurisdiction. See Deep Lagoon Boat Club, Ltd. v. Sheridan, 784 So. 2d 1140, 1142 (Fla. 2d DCA 2001). We accept the Department's concession and reverse and remand for the Board to adopt the ALJ's recommended order of dismissal.

Reversed and Remanded.

Per Curiam.

Wolf and Makar, JJ., concur; B.L. Thomas, J., concurs in result only.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network