Legal Opinion
McCloskey v. Department of Financial Services
District Court of Appeal of Florida
Decided August 21, 2015No. 5D14-2234Published
1Opinion of the CourtBerger, J.
William McCloskey appeals a final order issued by an administrative law judge (“ALJ”) denying his application to collect attorney’s fees from the Department of Financial Services (“DFS”) under section 57.111, Florida Statutes (2011). McClos-key, as the prevailing small business party in the underlying licensing enforcement action, argues that he was entitled to fees because DFS failed to establish, through competent, substantial evidence, a substantial justification to file the administrative complaint against him. We agree and reverse.
McCloskey is the sole proprietor of a general insurance…
2Cases cited24 opinions
- Pierce v. UnderwoodSupreme Court of the United States · 1988
- Securities and Exchange Commission v. W. J. Howey Co.Supreme Court of the United States · 1946
- State Farm Mut. Auto. Ins. Co. v. LaforetSupreme Court of Florida · 1995
- Sarah L. McDONALD, Plaintiff-Appellee, v. Richard SCHWEIKER, Secretary of Health and Human Services, Defendant-AppellantCourt of Appeals for the Seventh Circuit · 1984
- Pasco Cty. Sch. Bd. v. Florida Public Emp. Rel. Comm.District Court of Appeal of Florida · 1977
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