Frank Cleaton, P. E. v.
Florida Board of Professional Engineers, DOAH Case No 12-3640F: In an
extensive (51 pages) Final Order dated April 24, 2013, attorney fees and costs
sought pursuant to s. 57.111, F. S. (2012) were denied. Although the licensee
was found to be a "small business" and the "prevailing
party" in an administrative disciplinary action that was dismissed by the
agency after filing, and the fees were determined to be reasonable, the ALJ
found that the board's Probable Cause Panel was "substantially
justified" at the time probable cause was found, and that determination
was made, in part, on the written opinion of an expert consultant to the board.
(From RPPTL Subcommittee)
Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602
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