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CAROL WALTON vs DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF STATE GROUP INSURANCE, 18-006770 (2018)

Court: Division of Administrative Hearings, Florida Number: 18-006770 Visitors: 10
Petitioner: CAROL WALTON
Respondent: DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF STATE GROUP INSURANCE
Judges: J. BRUCE CULPEPPER
Agency: Department of Management Services
Locations: Sebastian, Florida
Filed: Dec. 26, 2018
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, April 25, 2019.

Latest Update: Jun. 03, 2019
18006769_282_09082020_17313295_e

STATE OF FLORIDA DEPARTMENT OF MANAGEMENT SERVICES


CAROL WALTON,



vs.

Petitioner,

Final Order No. DMS - 19-0037 DOAH Case Nos.: 18-006769

18·006770

18-006771

18-006772


STATE OF FLORIDA,

DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF STATE GROUP INSURANCE,


Respondent.


I


FINAL ORDER


The Department of Management Services (Department) has jurisdiction over this proceeding pursuant to Chapter 120, Florida Statutes, and Rule Chapter 28-106, Florida Administrative Code. On July 5, 2018, the Petitioner filed three separate Petitions with the Department requesting an informal hearing to review three individual denials of insurance coverage. On October 19, 2018, the Petitioner filed with the Department a fourth Petition requesting an informal hearing to review the fourth denial of insurance coverage. On November 5, 2018, the Petitioner filed four Amended Petitions with the Department requesting an informal hearing on the four denials of insurance coverage. The four Amended Petitions were consolidated by the Department pursuant to Rule 28-106.l 08, Florida Administrative Code on November 26, 2018. The consolidated Amended Petitions were referred by the Department to the Division of Administrative Hearings on December 10, 2018.

On April 24, 2019, a Joint Motion to Relinquish Jurisdiction was filed with the Division of Administrative Hearings indicating all four matters at issue had been resolved and a formal hearing


Filed September 9, 2020 8:00 AM Division of Administrative Hearings

was no longer necessary. The Division of Administrative Hearings subsequently issued an Order Closing Files and Relinquishing Jurisdiction on April 25, 2019, which granted the Joint Motion and relinquished jurisdiction to the Department.

Based on the foregoing:


  1. The Petitioner's four Amended Petitions filed by the Petitioner on November 5,


    2018, are dismissed; and


  2. This Final Order shall become effective on the dateof filing with the Agency Clerk of the Department of Management Services.


DONE and ORDERED on this the fl_ day of May, 2019 , in Tal lahassee, Florida.

/ -----7

/

Jonath an Satter, e;c e tary Department of Management Services 4050 Esplanade Way

Tallah assee, FL, 32399


2

NOTICE OF RIGHT TO APPEAL


This order constitutes final agency action. Judicial review of this proceeding may be instituted by filing a notice of appeal with the filing fee prescribed by law in the District Court of Appeal, pursuant to Section 120.68, Florida Statutes, and a copy with the Agency Clerk of the Department of Management Services, 4050 Esplanade Way, Tallahassee, Florida 32399-3000. Such notice must be filed within thirty (30) calendar days of the date this order is filed in the official records of the Department of Management Services, as indicated in the Certificate of Clerk. Review proceedings shall be conducted in accordance with the Florida Rules of Appellate Procedure.


Certificate of Clerk:


Filed in the Office of the Agency

Clerk of the Department of Management Services on this ;JQ-1-h day of

May, 2019.


Copies Furnished To:


Erica D. Moore, Esq.

Department of Management Services 4050 Esplanade Way

Tallahassee, Florida 32399 Erica.moore@dms.myflorida.com


3


Docket for Case No: 18-006770
Issue Date Proceedings
Sep. 09, 2020 Agency Final Order filed.
Sep. 09, 2020 Agency Final Order filed.
Sep. 09, 2020 Agency Final Order filed.
Sep. 09, 2020 Agency Final Order filed.
Sep. 09, 2020 Agency Final Order filed. (Filed in Case No. 18-6769)
Sep. 09, 2020 Agency Final Order filed. (Filed in Case No. 18-6770)
Sep. 09, 2020 Agency Final Order filed. (Filed in Case No. 18-6771)
Sep. 09, 2020 Agency Final Order filed. (Filed in Case No. 18-6772)
Jun. 03, 2019 Order Granting Respondent's Motion for Confidential Court Filing.
May 29, 2019 Respondent's Motion for Confidential Court Filing (of Final Agency Action) filed.
May 29, 2019 Agency Final Order filed (medical records, not available for viewing). 
 Confidential document; not available for viewing.
Apr. 25, 2019 Order Closing Files and Relinquishing Jurisdiction. CASE CLOSED.
Apr. 25, 2019 Joint Motion to Relinquish Jurisdiction filed.
Mar. 18, 2019 Order Granting Continuance and Rescheduling Hearing by Video Teleconference (hearing set for May 14, 2019; 9:30 a.m.; Sebastian and Tallahassee, FL).
Mar. 12, 2019 Joint Motion for Continuance filed.
Mar. 06, 2019 Second Amended Order Allowing Testimony by Telephone.
Mar. 06, 2019 Amended Respondent's Exhibit List (added exhibits 28 and 29) filed.
Mar. 04, 2019 Amended Order Allowing Testimony by Telephone.
Mar. 04, 2019 Amended Notice of Hearing by Video Teleconference (hearing set for March 25, 2019; 9:30 a.m.; Sebastian and Tallahassee, FL; amended as to date).
Mar. 01, 2019 Respondent's Exhibit List filed.
Feb. 27, 2019 Respondent's Witness List filed.
Feb. 25, 2019 Petitioner's Notice of Video Teleconference Appearance of Witness filed.
Jan. 11, 2019 Order Allowing Testimony by Telephone.
Jan. 11, 2019 Respondent's Motion for Telephonic Appearance of Witnesses filed.
Jan. 09, 2019 Order of Pre-hearing Instructions.
Jan. 09, 2019 Notice of Hearing by Video Teleconference (hearing set for March 14, 2019; 9:30 a.m.; Sebastian and Tallahassee, FL).
Jan. 07, 2019 Joint Response to Initial Order filed.
Jan. 04, 2019 Notice of Filing: Petitioner's Non-objection to Subpoena Duces Tecum filed.
Jan. 04, 2019 Notice of Production from Non-party filed.
Jan. 02, 2019 Order of Consolidation (DOAH Case Nos. 18-6769, 18-6770, 18-6771, and 18-6772).
Dec. 27, 2018 Joint Motion to Consolidate filed.
Dec. 27, 2018 Initial Order.
Dec. 26, 2018 Order Setting Case Management Conference filed.
Dec. 26, 2018 Order Dismissing Petition with Leave to Amend filed.
Dec. 26, 2018 Order Consolidating Cases filed.
Dec. 26, 2018 Agency action letter filed. 
 Confidential document; not available for viewing.
Dec. 26, 2018 Amendment to Petition to Request Informal Hearing filed. 
 Confidential document; not available for viewing.
Dec. 26, 2018 Request for Informal Hearing filed. 
 Confidential document; not available for viewing.
Dec. 26, 2018 Agency referral filed.
Dec. 26, 2018 Order Transferring Consolidated Matters to the Division of Administrative Hearings filed.

Orders for Case No: 18-006770
Issue Date Document Summary
May 20, 2019 Agency Final Order
May 20, 2019 Agency Final Order
May 20, 2019 Agency Final Order
May 20, 2019 Agency Final Order
May 20, 2019 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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