Leon FL Lawyers | Jeffries H Duvall -- eLawyers

79-5530 United States v. William Henry Forrest (1980)

Court of Appeals for the Fifth Circuit Filed: Aug. 14, 1980 Citations: 623 F.2d 1107

623 F.2d 1107 UNITED STATES of America, Plaintiff-Appellee, v. William Henry FORREST, Defendant-Appellant. No. 79-5530 Summary Calendar. * United States Court of Appeals, Fifth Circuit. Aug. 14, 1980. Jeffries H. Duvall, Tallahassee, Fla. (Court-Appointed), for defendant-appellant. Donald S. Modesitt, Asst. U. S. Atty., Tallahassee, Fla., for plaintiff-appellee. Appeal from the United States District Court for the Northern District of Florida. Before GODBOLD, REAVLEY and ANDERSON, Circuit Judges...

91-2199 Sun Elastic Corp. v. OB INDUSTRIES (1992)

District Court of Appeal of Florida Filed: Jun. 09, 1992 Citations: 603 So. 2d 516

603 So. 2d 516 (1992) SUN ELASTIC CORPORATION, Appellant, v. O.B. INDUSTRIES, Julio Villatoro and Alvaro Bazurto, Appellees. No. 91-2199. District Court of Appeal of Florida, Third District. June 9, 1992. Rehearing Denied September 16, 1992. Paul Morris, Coral Gables, for appellant. David Bolton, Coral Gables, for appellees. Before SCHWARTZ, C.J., and NESBITT and COPE, JJ. SCHWARTZ, Chief Judge. Sun Elastic appeals from the denial of a temporary injunction against the violation of a noncompetitiv..

4D03-2202 Southern Waste Systems, LLC v. J & a Transfer, Inc. (2004)

District Court of Appeal of Florida Filed: Aug. 04, 2004 Citations: 879 So. 2d 86

879 So. 2d 86 (2004) SOUTHERN WASTE SYSTEMS, LLC, a Florida limited liability company; Southern Waste Systems, Ltd., a Florida limited liability partnership; and Anthony Lomangino, Appellants, v. J & A TRANSFER, INC., a Florida corporation; J & A Recycling, Inc.; a dissolved Florida corporation; Riteway Recycling, Inc., a Florida corporation; NU-Way Recycling Corp., a Florida corporation; Magic Site Services, Inc., a Florida corporation; John Porter; and Anthony Masiello, Appellees. No. 4D03-2202..

12-002757RU BAYFRONT MEDICAL CENTER, INC.; CAPE MEMORIAL HOSPITAL, INC., D/B/A CAPE CORAL HOSPITAL; CGH HOSPITAL, LTD., D/B/A CORAL GABLES HOSPITAL; DELRAY MEDICAL CENTER, INC., D/B/A DELRAY MEDICAL CENTER; LEE MEMORIAL HEALTH SYSTEM; ET AL. vs AGENCY FOR HEALTH CARE ADMINISTRATION (2012)

Division of Administrative Hearings, Florida Filed: Aug. 15, 2012

What is the amount of reasonable attorney’s fees and taxable costs Respondent, Agency for Health Care Administration (Agency), must pay Petitioners, Bayfront Medical Center, Inc., et al (Hospitals), for this unpromulgated rule challenge before the Division of Administrative Hearings (Division). What is the amount of reasonable attorney’s fees the Agency must pay Hospitals for appellate proceedings before the First District Court of Appeal in this matter?A $365,351 fee for unpromulgated rule challenge & $397,533.50 were reasonable. For junior lawyer hourly rate of $200 is reasonable; $425 reasonable for Sr. lawyer. If records do not have sufficient detail across-the-board reduction of hours is proper.

14-000136MPI AGENCY FOR HEALTH CARE ADMINISTRATION vs THE CHRYSALIS CENTER, INC. (2014)

Division of Administrative Hearings, Florida Filed: Jan. 10, 2014

The primary issue is whether, under section 409.913(16)(j), Florida Statutes, Petitioner can establish and recover from Respondent overpayments for Medicaid claims for community mental health services that Respondent provided to recipients who were enrollees in plans of various managed care organizations (MCOs) that, pursuant to the standard contract between these MCOs and the Department of Elder Affairs (DOEA), provided services under the Nursing Home Diversion Waiver (NHDW) program.1/ A secondary issue is whether Petitioner is liable to Respondent, under sections 57.105(1)(a) and (5), Florida Statutes, for attorneys' fees for presenting a claim for overpayment that Petitioner knew or should have known was not supported by the necessary material facts.Agency must pay Medicaid provider reasonable attorneys' fees incurred in defending a Medicaid overpayment case. Fees claimed by provider's attorneys reduced by nearly $120,000 because fees over $61,505 were unnecessary, excessive, or inappropriate.

13-000795MPI AGENCY FOR HEALTH CARE ADMINISTRATION vs ALFRED IVAN MURCIANO, M.D. (2013)

Division of Administrative Hearings, Florida Filed: Mar. 05, 2013

The issues for determination are whether Respondent must reimburse Petitioner an amount up to $1,051,992.99, which sum Respondent received from the Florida Medicaid Program in payment of claims arising from his treatment of pediatric patients between September 1, 2008, and August 31, 2010; and whether Petitioner is entitled to sanctions in the amount of $210,398.60, and costs of $3,349.86.Recommended that the Agency for Health Care Administration issue a Final Order dismissing the Final Audit Report.

14-003183MPI AGENCY FOR HEALTH CARE ADMINISTRATION vs DAVID VINE, D.D.S. (2014)

Division of Administrative Hearings, Florida Filed: Jul. 11, 2014

The issues in this case are whether the Agency for Health Care Administration ("AHCA") is entitled to repayment of Medicaid reimbursements that it made to Respondent, pursuant to section 409.913(11), Florida Statues; if so, the amount of the repayment; the amount of any sanctions that should be imposed pursuant to subsections 409.913(15) through (17); and the amount of any investigative, legal, and expert witness costs that AHCA is entitled to recoup pursuant to section 409.913(23).Petitioner proved that Respondent was overpaid for certain Medicaid charges, but failed to prove that he was overpaid for other Medicaid charges. Petitioner proved that administrative fine should be assessed.

14-001671MPI AGENCY FOR HEALTH CARE ADMINISTRATION vs AMADO VIERA, D/B/A VIERA MEDICAL CENTERS (2014)

Division of Administrative Hearings, Florida Filed: Apr. 15, 2014

The issue for determination is whether Respondent must repay Petitioner an amount of up to $144,471.25 in alleged Medicaid overpayments, for paid claims covering the period from January 1, 2010, to December 31, 2012.Respondent must repay Petitioner Medicaid overpayments for paid claims covering the period from January 1, 2010, to December 31, 2012, plus pay a fine of $5,000 and reimburse Petitioner for recoverable costs.

13-000839MPI AGENCY FOR HEALTH CARE ADMINISTRATION vs AMER-CU HOME CARE, INC. (2013)

Division of Administrative Hearings, Florida Filed: Mar. 12, 2013

The issues are whether Petitioner has overpaid Respondent $9713.34 in reimbursed claims for home health visit services. If so, additional issues are whether Petitioner is entitled to impose a fine of $1942.67 and assess costs of $254.70.Respondent overpaid $9713 for failing to reduce by one half its reimbursement claim for service to recipient at same residence as another recipient receiving service on same date. $1942 fine and $254 costs.

10-009318MPI AGENCY FOR HEALTH CARE ADMINISTRATION vs HAL M. TOBIAS (2010)

Division of Administrative Hearings, Florida Filed: Sep. 28, 2010

The issue is whether Petitioner can prove Medicaid overpayments to Respondent and, if so, how much Petitioner is entitled to recoup.HCA proved overpayments to physician, primarily based on claims submitted for neural scans using an Axon II device. CMS had assigned a unique code to such procedures, rendering them ineligible for Medicaid reimbursement.

Jeffries H Duvall