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18-4031 DEANDRE LEE HAYES v. STATE OF FLORIDA (2019)

District Court of Appeal of Florida Filed: Sep. 18, 2019

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT DEANDRE LEE HAYES, ) DOC #T14621, ) ) Appellant, ) ) v. ) Case No. 2D18-4031 ) STATE OF FLORIDA, ) ) Appellee. ) _) Opinion filed September 18, 2019. Appeal from the Circuit Court for Hillsborough County; Daniel L. Perry, Judge. Howard L. Dimmig, II, Public Defender, and Richard Sanders, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney ..

18-2819 ARMAND N. PERREAULT, JR. v. STATE OF FLORIDA (2019)

District Court of Appeal of Florida Filed: Jun. 19, 2019

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT ARMAND N. PERREAULT, JR., ) ) Appellant, ) ) v. ) Case No. 2D18-2819 ) STATE OF FLORIDA, ) ) Appellee. ) _ ) Opinion filed June 19, 2019. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Pinellas County; Philip J. Federico, Judge. Armand N. Perreault, Jr., pro se. PER CURIAM. Affirmed. KHOUZAM, SLEET, and ATKINSON, JJ., Concur.

18-4336 JIMMIE LEE WALKER v. STATE OF FLORIDA (2019)

District Court of Appeal of Florida Filed: May 29, 2019

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT JIMMIE LEE WALKER, ) ) Appellant, ) ) v. ) Case No. 2D18-4336 ) STATE OF FLORIDA, ) ) Appellee. ) _) Opinion filed May 29, 2019. Appeal pursuant to Fla. R. App. P. 9.141(b)(2) from the Circuit Court for Hillsborough County; Vivian T. Corvo, Judge. Jimmie Lee Walker, pro se. PER CURIAM. Affirmed. See Wright v. State, 911 So. 2d 81 (Fla. 2005); Smart v. State, 1..

18-2089 CITY OF FORT LAUDERDALE v. WALTER HINTON (2019)

District Court of Appeal of Florida Filed: Jul. 24, 2019

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT CITY OF FORT LAUDERDALE, Appellant, v. WALTER HINTON, et al., Appellee. No. 4D18-2089 [July 24, 2019] Appeal of nonfinal order from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Patti Englander Henning, Judge; L.T. Case No. 07-30358 26. William M. Droze of Troutman Sanders LLP, Atlanta, Georgia, and W. Tucker Craig and Jeffery R. Lawley of Billing, Cochran, Lyles, Mauro, Ramsey, P.A., Fort Lauderdale, for a..

18-3015 Shaunacie Katerra Thomas v. State of Florida (2019)

District Court of Appeal of Florida Filed: May 15, 2019

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D18-3015 _ SHAUNACIE KATERRA THOMAS, Appellant, v. STATE OF FLORIDA, Appellee. _ On appeal from the Circuit Court for Escambia County. Jennie Kinsey, Judge. May 15, 2019 PER CURIAM. AFFIRMED. WETHERELL, RAY, and WINSOR, JJ., concur. _ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _ Andy Thomas, Public Defender, and Steven L. Seliger, Assistant Public Defender, Tallahassee, for Appellant..

18-2879 ROY HOLMES v. ANDREA HULBERT, CAROLEE WATSON and RUSSELL WATSON (2019)

District Court of Appeal of Florida Filed: May 30, 2019

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT ROY HOLMES, Appellant, v. ANDREA HULBERT, CAROLEE WATSON and RUSSELL WATSON, Appellees. No. 4D18-2879 [May 30, 2019] Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; James Nutt, Judge; L.T. Case No. 50-2017-CA-004480- XXXX-MB. Mihaela Cabulea and Anthony J. Russo of Butler Weihmuller Katz Craig LLP, Tampa, for appellant. Lynn G. Waxman of Lynn G. Waxman, P.A., Palm Beach Gardens; and Robert E. Gor..

18-0975 MONICA SCHMOKER v. MICHAEL SCHMOKER (2019)

District Court of Appeal of Florida Filed: Jun. 26, 2019

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT MONICA SCHMOKER, ) ) Appellant, ) ) v. ) Case No. 2D18-975 ) MICHAEL SCHMOKER, a/k/a ) MICHAEL GONZALEZ SCHMOKER, ) ) Appellee. ) ) Opinion filed June 26, 2019. Appeal from the Circuit Court for Hillsborough County; Carl C. Hinson, Judge. Monica Schmoker, pro se. J. Stanford Lifsey of J. Stanford Lifsey, P.A., Tampa, for Appellee. PER CURIAM. Affirmed. SLEET, ..

99-003870 DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs CATHERINE MARIE LYNCH, M.D. (1999)

Division of Administrative Hearings, Florida Filed: Sep. 15, 1999

The issue in this case is whether Respondent, Catherine Marie Lynch, M.D., should be disciplined on charges alleged in the Amended Administrative Complaint filed by Petitioner, the Department of Health (DOH), in DOH Case No. 98-14411. Essentially, the charges are that Respondent practiced obstetrical medicine below acceptable standards on November 9, 1997, by not decreasing or discontinuing a patient's Pitocin and by delaying performance of a Cesarean section notwithstanding fetal heart rate (FHR) decelerations requiring contrary action.Administrative Complaint charged that Respondent`s medical practice was below the standard of obstetrical care by failing to discontinue Pitocin and perform a Cesarean section soon enough. The charges were not proven by clear and convincing evidence.

96-004073CON HOSPICE OF NORTHWEST FLORIDA, INC. vs BAY MEDICAL CENTER; PANHANDLE HOSPICE, INC.; AND AGENCY FOR HEALTH CARE ADMINISTRATION (1996)

Division of Administrative Hearings, Florida Filed: Aug. 28, 1996

Whether a need exists for an additional hospice in Agency for Health Care Administration service area 1. Whether the certificate of need application of Bay Medical Center to establish the hospice, on balance, meets the criteria for approval.Additional hospice needed numerically and in absence of explanation for lower hospice patient factor in District 1. New hospice creates demand for hospice care.

96-005531RU ALL CHILDREN`S HOSPITAL, INC., AND VARIETY CHILDREN`S HOSPITAL, D/B/A MIAMI CHILDREN`S HOSPITAL vs AGENCY FOR HEALTH CARE ADMINISTRATION (1996)

Division of Administrative Hearings, Florida Filed: Nov. 19, 1996

The issues for determination in this case are: 1) whether Respondent, the Agency for Health Care Administration has made a nonrule policy statement which constitutes a “rule” as defined in Section 120.52(15), Florida Statutes, which in substance states that a hospital, licensed as a general hospital as defined in Section 395.002(10), Florida Statutes, may use the term “children’s hospital” and otherwise hold itself out and advertise as a “children’s hospital” without obtaining a license as a specialty hospital for children as defined in Section 395.002(27), Florida Statutes, and Rule 59A-3.02, Florida Administrative Code; 2) whether such agency policy statement, if made, constitutes a “rule” as defined in Section 120.52(15), Florida Statutes; 3) whether such agency policy statement, if made, has been adopted by rule as provided for in Section 120.54, Florida Statutes; and, 4) whether such agency policy statement, if made, constitutes an invalid exercise of delegated legislative authority as defined in Section 120.52(8), Florida Statutes.AHCA not required to adopt rule restricting advertisement of children's hospitals.

Richard V Ellis