         FIRST DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
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                         No. 1D17-4280
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JOSE GOMEZ-CORTES, M.D.,

    Appellant,

    v.

AGENCY FOR HEALTH CARE
ADMINISTRATION,

    Appellee.
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On appeal from the Agency for Health Care Administration.
Justin M. Senior, Secretary.

                        August 24, 2018


PER CURIAM.

      Appellant contends that the Agency for Health Care
Administration erred when it denied his motion to vacate without
affording him an evidentiary hearing to resolve the factual
question of whether he received sufficient notice of AHCA’s final
orders. We agree. See Reich v. Dep’t of Health, 868 So. 2d 1275,
1276 (Fla. 1st DCA 2004).

     REVERSED and REMANDED.

WOLF, JAY, and WINSOR, JJ., concur.
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    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
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Sean M. Ellsworth of Ellsworth Law Firm, P.A., Miami Beach, for
Appellant.

Nicholas A. Merlin, Senior Attorney, Agency for Health Care
Administration, Tallahassee, for Appellee.




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