In Department of Professional Regulation v. Toledo Realty, Inc., 549 So. 2d 715 (Fla. 1st DCA 1989), the Department of Professional Regulation accepted a hearing officer's recommendation to dismiss a disciplinary complaint filed against Toledo Realty and Ramiro Alfert. After this dismissal, Toledo Realty was awarded attorney's fees under FEAJA, but Alfert was not. In affirming the denial of attorney's fees for Alfert, the First District found that he was not a "small business party" as defined by section 57.111(3)(d), since he was an employee of Toledo Realty.