Sule v Guam Board of Dental Examiners [2008] GUSC 20; 2008 Guam 20 (24 November 2008)

IN THE SUPREME COURT OF GUAM

DR. HUGH SULE,
Petitioner-Appellant,

v.

GUAM BOARD OF DENTAL EXAMINERS,
Respondent-Appellee.

Supreme Court Case No.: CVA07-012
Superior Court Case No.: SP0192-02

OPINION

Filed: November 24, 2008
Cite as: 2008 Guam 20

Appeal from the Superior Court of Guam
Argued and submitted on February 20, 2008
Hagåtña, Guam

Appearing for Petitioner-Appellant: Mitchell F. Thompson, Esq. Maher & Thompson, P.C. 140 Aspinall Avenue, Suite 201 Hagåtña, Guam 96910

Appearing for Plaintiffs-Appellees: David J. Highsmith, Esq. Office of the Attorney General 287 W O’Brien Drive Hagåtña, Guam 96910

BEFORE: ROBERT J. TORRES, Chief Justice; F. PHILIP CARBULLIDO, Associate Justice; MIGUEL S. DEMAPAN, Justice Pro Tempore.

CARBULLIDO, J.:

[1] This appeal arises out of an administrative adjudication hearing resulting in Respondent-Appellee Guam Board of Dental Examiners (the “Board”) imposing discipline upon Petitioner-Appellant Dr. Hugh Sule. Dr. Sule sought relief from the lower court through a petition for writ of administrative mandate on grounds that his due process rights were violated, that the Board’s findings were not supported by substantial evidence, and that the discipline imposed was excessive or unauthorized by law. The lower court denied Dr. Sule’s petition, upholding the Board’s order. Dr. Sule thereafter filed a motion for reconsideration, which the lower court similarly denied. Dr. Sule appeals from this denial of the writ petition and the reconsideration. For the reasons discussed herein, we hold that the imposition of attorney’s fees was unauthorized, and therefore vacate the part of the judgment imposing attorney’s fees. We affirm the judgment in all other respects.

I. FACTUAL AND PROCEDURAL BACKGROUND

[2]