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  6. R David Prescott
R David Prescott
R David Prescott
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Bar #710156(FL)     License for 38 years
Tallahassee FL

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13-1044  Vms v. Alfonso  (2014)
District Court of Appeal of Florida Filed: Sep. 24, 2014
Third District Court of Appeal State of Florida Opinion filed September 24, 2014. Not final until disposition of timely filed motion for rehearing. _ No. 3D13-1044 Lower Tribunal No. 11-43839 _ VMS, Inc. a/k/a VMS Maintenance Systems, Inc., Appellant, vs. Elvis Alfonso, Appellee. An Appeal from a non-final order from the Circuit Court for Miami-Dade County, Jerald Bagley, Judge. DeMahy Labrador Drake Victor & Cabeza, Gregory A. Victor, Mark R. Boyd, Susana C. Nunez and Scott A. Markowitz, for app..
16-000112CON  KENDALL HEALTHCARE GROUP, LTD., D/B/A KENDALL REGIONAL MEDICAL CENTER vs THE PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY, FLORIDA, D/B/A JACKSON HOSPITAL WEST; AND AGENCY FOR HEALTH CARE ADMINISTRATION  (2016)
Division of Administrative Hearings, Florida Filed: Jan. 12, 2016
Whether, on balance, Certificate of Need (“CON”) application number 10395 by The Public Health Trust of Miami-Dade County, Florida (“JW”) to build a 100-bed acute care hospital in Miami- Dade County, Florida, AHCA District 11, and/or CON application number 10394 by East Florida-DMC, Inc. (“DMC”), to build an 80- bed acute care hospital in Miami-Dade County, Florida, satisfy the applicable criteria and should be approved.The evidence supported a need for a new hospital to be located in Doral, Miami-Dade County. On balance, East Florida-DMC better satisfied the applicable criteria and should be awarded CON 10394 to construct 80-bed hospital on its site in Doral.
16-000115CON  EAST FLORIDA-DMC, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2016)
Division of Administrative Hearings, Florida Filed: Jan. 12, 2016
Whether, on balance, Certificate of Need (“CON”) application number 10395 by The Public Health Trust of Miami-Dade County, Florida (“JW”) to build a 100-bed acute care hospital in Miami- Dade County, Florida, AHCA District 11, and/or CON application number 10394 by East Florida-DMC, Inc. (“DMC”), to build an 80- bed acute care hospital in Miami-Dade County, Florida, satisfy the applicable criteria and should be approved.The evidence supported a need for a new hospital to be located in Doral, Miami-Dade County. On balance, East Florida-DMC better satisfied the applicable criteria and should be awarded CON 10394 to construct 80-bed hospital on its site in Doral.
93-0124  Above All Drywall v. Shearer  (1995)
District Court of Appeal of Florida Filed: Feb. 24, 1995 Citations: 651 So. 2d 195
651 So. 2d 195 (1995) ABOVE ALL DRYWALL and FACCA, Appellants, v. James SHEARER, Appellee. No. 93-0124. District Court of Appeal of Florida, First District. February 24, 1995. Rehearing Denied March 27, 1995. H. George Kagan and Helene H. Morris, of Miller, Kagan and Chait, West Palm Beach, and John E. McLain, III and Mark S. Spangler of Rissman, Weisberg, Barrett, Hurt, Donahue & McLain, P.A., Orlando, for appellants. Frederick Daniels, Orlando, and Bill McCabe of Shepherd, McCabe & Cooley, Long..
15-000130CON  CLEVELAND CLINIC FLORIDA HEALTH SYSTEM NONPROFIT CORPORATION, D/B/A CLEVELAND CLINIC HOSPITAL vs PLANTATION GENERAL HOSPITAL LIMITED PARTNERSHIP, D/B/A PLANTATION GENERAL HOSPITAL AND AGENCY FOR HEALTH CARE ADMINISTRATION  (2015)
Division of Administrative Hearings, Florida Filed: Jan. 08, 2015
Whether Certificate of Need (CON) Application No. 10235, filed by Plantation General Hospital Limited Partnership, d/b/a Plantation General Hospital (PGH) to establish a 200-bed replacement, acute care hospital in Davie, Broward County, Florida, Agency for Health Care Administration (AHCA or Agency) acute care District 10, satisfies, on balance, the applicable statutory and rule review criteria.Due to the physical constraints of its existing facility and other factors, Plantation General Hospital established the need for its proposed replacement hospital. Impact on competitors not sufficient to warrant denial.
14-001022RP  SHANDS TEACHING HOSPITAL AND CLINICS, INC., D/B/A UF HEALTH SHANDS HOSPITAL vs DEPARTMENT OF HEALTH  (2014)
Division of Administrative Hearings, Florida Filed: Mar. 06, 2014
Whether the Proposed Rule 64J-2.010 enlarges, modifies or contravenes the specific provisions of law implemented, or is arbitrary or capricious, and thus constitutes an invalid exercise of delegated legislative authority.The Proposed Rule is not an invalid exercise of the agency's delegated legislative authority.
14-001027RP  THE PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY, FLORIDA vs DEPARTMENT OF HEALTH  (2014)
Division of Administrative Hearings, Florida Filed: Mar. 07, 2014
Whether the Proposed Rule 64J-2.010 enlarges, modifies or contravenes the specific provisions of law implemented, or is arbitrary or capricious, and thus constitutes an invalid exercise of delegated legislative authority.The Proposed Rule is not an invalid exercise of the agency's delegated legislative authority.
14-001028RP  ST. JOSEPH'S HOSPITAL, INC., D/B/A ST. JOSEPH'S HOSPITAL vs DEPARTMENT OF HEALTH  (2014)
Division of Administrative Hearings, Florida Filed: Mar. 07, 2014
Whether the Proposed Rule 64J-2.010 enlarges, modifies or contravenes the specific provisions of law implemented, or is arbitrary or capricious, and thus constitutes an invalid exercise of delegated legislative authority.The Proposed Rule is not an invalid exercise of the agency's delegated legislative authority.
14-001034RP  FLORIDA HEALTH SCIENCES CENTER, D/B/A TAMPA GENERAL HOSPITAL vs DEPARTMENT OF HEALTH  (2014)
Division of Administrative Hearings, Florida Filed: Mar. 07, 2014
Whether the Proposed Rule 64J-2.010 enlarges, modifies or contravenes the specific provisions of law implemented, or is arbitrary or capricious, and thus constitutes an invalid exercise of delegated legislative authority.The Proposed Rule is not an invalid exercise of the agency's delegated legislative authority.
14-001035RP  BAYFRONT HMA MEDICAL CENTER, LLC, D/B/A BAYFRONT MEDICAL CENTER vs DEPARTMENT OF HEALTH  (2014)
Division of Administrative Hearings, Florida Filed: Mar. 07, 2014
Whether the Proposed Rule 64J-2.010 enlarges, modifies or contravenes the specific provisions of law implemented, or is arbitrary or capricious, and thus constitutes an invalid exercise of delegated legislative authority.The Proposed Rule is not an invalid exercise of the agency's delegated legislative authority.

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