Kirabel Guerrero Aybar, R.N. v. State of Florida, Department of Health
CourtDistrict Court of Appeal of Florida
Date FiledDecember 22, 2020
Docket1D20-2217
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D20-2217
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KIRABEL GUERRERO AYBAR,
R.N.,
Appellant,
v.
STATE OF FLORIDA, DEPARTMENT
OF HEALTH,
Appellee.
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On appeal from a final order of the Florida Department of
Health, Board of Nursing.
December 22, 2020
PER CURIAM.
This is an appeal of a final order from the Department of
Health, Board of Nursing, which revoked Appellant’s license to
practice as a registered nurse. After the Appellant was served with
the administrative complaint which sought revocation of her
license, she waived her right to contest the facts alleged in the
complaint and requested an informal hearing. See § 120.57(2), Fla.
Stat. (2018). On appeal, the Appellant argues that the final order
must be set aside under section 120.68(7)(c), Florida Statutes
(2019), because of a material error in the procedure which
impaired the “fairness of the proceedings or the correctness of the
action.”
The informal hearing was held on June 4, 2020. The
Appellant asserts that the notice of this hearing was not sent to
her current address and thus she was deprived of adequate notice.
The record refutes this assertion. A notice of the hearing with the
proper case number addressed to Appellant’s correct address is in
the record. Additionally, Appellant states in her initial brief that
she attended the informal hearing by telephone, showing she had
notice of the hearing. Appellant also contends that “to the best of
her knowledge her name was not called” during the informal
hearing, but that is also refuted by the record.
The final order is therefore AFFIRMED.
RAY, C.J., and BILBREY and WINOKUR, 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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Sara A. Bazzigaluppi of Chapman Law Group, Sarasota, for
Appellant.
Sarah Young Hodges, Chief Appellate Counsel, Florida
Department of Health, Prosecution Services Unit, Tallahassee, for
Appellee.
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