Petitioner: HHCI LIMITED PARTNERSHIP, D/B/A HARBORSIDE HEALTHCARE-PINEBROOK, D/B/A HARBORSIDE HEALTHCARE-SARASOTA, D/B/A HARBORSIDE HEALTHCARE-NAPLES
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: J. D. PARRISH
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Oct. 31, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, December 15, 2004.
Latest Update: Dec. 15, 2004
Summary: Whether the Petitioner is entitled to fees and costs pursuant to Section 120.595(4), Florida Statutes.Statutory authority for fees when agency attempts to enforce a non-rule policy.
01-4283F.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
HHCI LIMITED PARTNERSHIP, d/b/a ) HARBORSIDE HEALTHCARE- ) PINEBROOK, d/b/a HARBORSIDE ) HEALTHCARE-SARASOTA, d/b/a ) HARBORSIDE HEALTHCARE-NAPLES, )
)
Petitioners, )
)
vs. )
)
AGENCY FOR HEALTH CARE )
ADMINISTRATION, )
)
Respondent. )
Case No. 01-4283F
)
ORDER REOPENING FILE AND DIRECTING RESPONSE
On March 2, 2004, the Division of Administrative Hearings received a Mandate from the District Court of Appeal, First District, that commanded further proceedings in the above-styled case. On March 16, 2004, a telephone conference call was conducted with the parties for the purpose of establishing a hearing schedule, if necessary, in connection with the Mandate. The parties represented that it is likely the issues presented for resolution within the Mandate will be amicably resolved.
Accordingly, the parties were granted thirty days leave to file a status report in connection with this case and to provide recommended dates for hearing should the issues not be resolved. This order is entered to memorialize that directive and to further provide that it is
ORDERED:
The file of the Division of Administrative Hearings, Case No. 01-4283F, is hereby reopened to address the issues set forth by the court's Mandate.
In connection with the Mandate and its underlying opinion, the parties shall file a status report no later than 5:00 p.m., April 19, 2004.
The status report shall state with particularity all issues not resolved, together with a good faith estimate of the time needed to try such issues.
The status report shall list several dates for the formal hearing to be conducted in this case.
The failure to timely file a status report as directed by this order will result in the case being closed, as it will be presumed the parties have amicably resolved all issues posed by the Mandate.
DONE AND ORDERED this 17th day of March, 2004, in Tallahassee, Leon County, Florida.
S
J. D. PARRISH
Administrative Law Judge
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850) 488-9675 SUNCOM 278-9675
Fax Filing (850) 921-6847 www.doah.state.fl.us
Filed with the Clerk of the Division of Administrative Hearings this 17th day of March, 2004.
COPIES FURNISHED:
Gerald Pickett, Esquire
Agency for Health Care Administration Sebring Building, Suite 330K
525 Mirror Lake Drive North St. Petersburg, Florida 33701
Donna Holshouser Stinson, Esquire Broad and Cassel
215 South Monroe Street, Suite 400 Post Office Drawer 11300 Tallahassee, Florida 32302-1300
2
Docket for Case No: 01-004283F
| Issue Date |
Proceedings |
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Dec. 15, 2004 |
Order Closing File. CASE CLOSED.
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Dec. 15, 2004 |
Notice of Voluntary Dismissal filed.
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Dec. 15, 2004 |
Settlement Agreement filed.
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Nov. 18, 2004 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for December 27, 2004; 9:00 a.m.; Tallahassee, FL).
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Nov. 18, 2004 |
Motion to Hold Case in Abeyance (filed by Respondent via facsimile).
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Nov. 05, 2004 |
Amended Notice of Taking Deposition Duces Tecum (witnesses intended to be called by Respondent at final hearing) filed via facsimile.
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Oct. 29, 2004 |
Notice of Taking Deposition Duces Tecum (witnesses intended to be called by Respondent at final hearing) filed via facsimile.
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Aug. 23, 2004 |
Notice of Hearing (hearing set for November 18 and 19, 2004; 9:00 a.m.; Tallahassee, FL).
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Aug. 18, 2004 |
Status Report (filed by Petitioner via facsimile).
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Jun. 21, 2004 |
Order Continuing Case in Abeyance (parties to advise status by August 18, 2004).
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Jun. 18, 2004 |
Status Report and Motion for Extension of Time (filed by Petitioner via facsimile).
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May 24, 2004 |
Order Continuing Case in Abeyance (parties to advise status by June 18, 2004).
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May 19, 2004 |
Status Report and Motion for Extension of Time (filed by Petitioner via facsimile).
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Apr. 23, 2004 |
Order Placing Case in Abeyance (parties to advise status by May 19, 2004).
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Apr. 19, 2004 |
Status Report and Motion for Extension of Time (filed by Petitioner via facsimile).
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Mar. 17, 2004 |
Order Reopening File and Directing Respose. CASE REOPENED.
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Mar. 02, 2004 |
Mandate filed.
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Jan. 15, 2004 |
Opinion filed.
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Jan. 15, 2004 |
BY ORDER OF THE COURT: Appellee`s motion filed December 2, 2002, for attorney`s fees is denied.
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Jan. 07, 2003 |
Order from the District Court of Appeal: "Appellants motions to consolidate are granted filed.
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Nov. 12, 2002 |
Fourth Supplemental Index sent out.
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Nov. 07, 2002 |
Order from the District Court of Appeal: "Appellee`s motion filed October 22, 2002, seeking to supplement the record on appeal with HHCI`s motion for expedited determination with exhibits, is granted).
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Nov. 01, 2002 |
Third Supplemental Index sent out.
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Oct. 29, 2002 |
Order from the District Court of Appeal: "appellee`s motion filed October 22, 2002, seeking to supplement the record on appeal with the Petition for Determinaiton of Invalidity of Nonrule Policy with exhibits, is granted."
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Oct. 22, 2002 |
Appellee`s Uncontested Motion to Correct the Record filed.
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Sep. 13, 2002 |
Second Supplemental Index sent out.
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Sep. 12, 2002 |
BY ORDER OF THE COURT: (Appellants motion filed 9/6/02, seeking to supplement the record on appeal with HHCI`s Motion for Summary Final Order on Retroactivity issue dated 10/12/01 in DOAH Case No. 01-3935RU is granted) filed.
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Aug. 16, 2002 |
Supplemental Index sent out.
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Jul. 31, 2002 |
BY ORDER OF THE COURT: (appellant`s motion filed July 22, 2002, seeking leave to supplement the record with the exhibits filed at the final hearing and a final memorandum of law filed at the final hearing is granted) filed.
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Jul. 19, 2002 |
Index, Record, Certificate of Record sent out.
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Jun. 18, 2002 |
Index sent out. |
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Apr. 29, 2002 |
BY ORDER OF THE COURT: (appellant is directed to file within 10 days from the date of this order conformed copies of the order of the lower tribunal) filed.
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Apr. 29, 2002 |
Letter to DOAH from the District Court of Appeal filed. DCA Case No. 1D02-1588
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Apr. 23, 2002 |
Notice of Appeal filed by G. Philo
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Mar. 26, 2002 |
Final Order issued (hearing held January 8, 2002). CASE CLOSED.
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Feb. 14, 2002 |
Respondent`s Response to Petitioner`s Motion for Leave to File Late-Filed Exhibits (filed via facsimile).
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Feb. 11, 2002 |
Agency`s Proposed Final Order on Petitioner`s Request for Attorney Fees (filed via facsimile).
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Feb. 08, 2002 |
Petitioner`s Verified Motion for Leave to File Additional Late-Filed Exhibit filed.
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Feb. 08, 2002 |
Petitioner`s Proposed Final Order filed.
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Feb. 05, 2002 |
Petitioner`s Motion for Leave to File Late-Filed Exhibits filed.
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Jan. 29, 2002 |
Transcript of Final Hearing filed. |
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Jan. 29, 2002 |
Notice of Filing Transcript sent out.
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Jan. 08, 2002 |
CASE STATUS: Hearing Held; see case file for applicable time frames. |
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Dec. 21, 2001 |
Notice of Appearance as Co-Counsel (filed by Respondent via facsimile).
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Dec. 06, 2001 |
Notice of Hearing issued (hearing set for January 8, 2002; 9:00 a.m.; Tallahassee, FL).
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Nov. 21, 2001 |
Motion for Extension of Time to File Response to Initial Order and for Issuane of New Initial Order filed.
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Nov. 02, 2001 |
Initial Order issued.
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Oct. 31, 2001 |
Petitioner`s Motion for Award of Costs and Attorney`s Fees (formerly DOAH Case No. 01-3935RU) filed via facsimile.
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Orders for Case No: 01-004283F
| Issue Date |
Document |
Summary |
|
Mar. 17, 2004 |
Other
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Jan. 14, 2004 |
Opinion
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Jan. 14, 2004 |
Mandate
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Mar. 26, 2002 |
DOAH Final Order
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Statutory authority for fees when agency attempts to enforce a non-rule policy.
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