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AGENCY FOR HEALTH CARE ADMINISTRATION vs SHERBY DEVELOPMENT, INC., D/B/A LINCOLN MANOR, 10-008923 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-008923 Visitors: 5
Petitioner: AGENCY FOR HEALTH CARE ADMINISTRATION
Respondent: SHERBY DEVELOPMENT, INC., D/B/A LINCOLN MANOR
Judges: CLAUDE B. ARRINGTON
Agency: Agency for Health Care Administration
Locations: Fort Lauderdale, Florida
Filed: Sep. 08, 2010
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, January 28, 2011.

Latest Update: Aug. 02, 2011
10008923 AFO



STATE OF FLORIDA

F· nn..•.r4.. ::-o

AGENCY FOR HEALTH CARE ADMINISTRATION /.\? C A

AGE N CY CL ERI<

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,


Petitioner,


V. ARCA NO. 2009008855

RENDITION NO.: AHCA-11-oeo \ -5-0LC

SHERBY DEVELOPMENT, INC. d/b/a LINCOLN MANOR,


Respondent.

                                                                                 I


FINAL ORDER


Having reviewed the Administrative Complaint, and all other matters of record, the Agency for Health Care Administration finds and concludes as follows:


I. The Agency has jurisdiction over the above-named Respondent pursuant to Chapter 408, Part II, Florida Statutes, and the applicable authorizing statutes and administrative code provisions.


  1. The Agency issued the attached Administrative Complaint and Election of Rights form to the Respondent. (Ex. 1) The Election of Rights form advised of the right to an administrative hearing.


  2. The parties have since entered into the attached Settlement Agreement. (Ex. 2) Based upon the foregoing, it is ORDERED:

I. The Settlement Agreement is adopted and incorporated by reference into this Final Order. The parties shall comply with the terms of the Settlement Agreement.


2. The Respondent shall pay the Agency $1,000.00. If full payment has been made, the cancelled check acts as receipt of payment and no further payment is required. If full payment has not been made, payment is due within 30 days of the Final Order. Overdue amounts are subject to statutory interest and may be referred to collections. A check made payable to the "Agency for Health Care Administration" and containing the ARCA ten-digit case number should be sent to:


Office of Finance and Accounting Revenue Management Unit

Agency for Health Care Administration 2727 Mahan Drive, MS 14

Tallahassee, Florida 32308


1

Filed August 2, 2011 12:43 PM Division of Administrative Hearings


ORDERED at Tallahassee, Florida, on this 2,er_ day of_0_1J ' 2011.





dministration

NOTICE OF RIGHT TO JUDICIAL REVIEW


A party who is adversely affected by this Final Order is entitled to judicial review, which shall be instituted by filing one copy of a notice of appeal with the Agency Clerk of AHCA, and a second copy, along with filing fee as prescribed by law, with the District Court of Appeal in the appellate district where the Agency maintains its headquarters or where a party resides. Review of proceedings shall be conducted in accordance with the Florida appellate rules. The Notice of Appeal must be filed within 30 days of rendition of the order to be reviewed.


CERTIFICATE OF SERVICE


7'1

I CERTIFY that a true and correc opy of this Final Order w s served on the below-named persons by the method designated on this day of f , 2011.


Richard Shoop, Agency Clerk

Agency for Health Care Administration 2727 Mahan Drive, Bldg. #3, Mail Stop #3

Tallahassee, Florida 32308-5403

Telephone: (850) 412-3630


Jan Mills

Facilities Intake Unit (Electronic Mail)

Finance & Accounting Revenue Management Unit (Electronic Mail)

Tria Lawton-Russell

Office of the General Counsel

Agency for Health Care Administration (Electronic Mail)

Larry Sherberg Lincoln Manor 2144 Lincoln Street

Hollywood, Florida 33022

(U.S. Mail)

Claude B. Arrington Administrative Law Judge

Division of Administrative Hearings

(Electronic Mail)



2


Docket for Case No: 10-008923
Issue Date Proceedings
Aug. 02, 2011 Settlement Agreement filed.
Aug. 02, 2011 Agency Final Order filed.
Jan. 28, 2011 Order Closing File. CASE CLOSED.
Jan. 27, 2011 Agreed Motion to Relinquish Jurisdiction filed.
Jan. 20, 2011 Petitioner's Second Motion to Compel Compliance with Petitioner's First Request for Admissions and Interrogatories filed.
Dec. 20, 2010 Order Re-scheduling Hearing (hearing set for February 24, 2011; 9:00 a.m.; Fort Lauderdale, FL).
Dec. 17, 2010 Joint Notice of Availability filed.
Dec. 16, 2010 Order Granting Continuance (parties to advise status by December 17, 2010).
Dec. 16, 2010 CASE STATUS: Motion Hearing Held.
Dec. 13, 2010 Regarding Petitioner's First Request for Interrogatories filed.
Dec. 10, 2010 Petitioner's Response to Court's Request filed.
Dec. 10, 2010 CASE STATUS: Motion Hearing Held.
Dec. 07, 2010 Fax regarding to continue hearing and drop motion to relinquish jurisdiction filed.
Dec. 02, 2010 Petitioner's Motion to Relinquish Jurisdiction filed.
Dec. 02, 2010 Petitioner's Motion to Compel Compliance with Petitioner's First Request for Interrogatories and First Request for Production filed.
Nov. 01, 2010 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for December 29, 2010; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Oct. 28, 2010 Agreed Motion for Continuance filed.
Oct. 14, 2010 Notice of Service of Petitioner's First Set of Interrogatories and First Request for Production and Admissions filed.
Oct. 04, 2010 Undeliverable envelope returned from the Post Office.
Sep. 27, 2010 Order of Pre-hearing Instructions.
Sep. 27, 2010 Notice of Hearing (hearing set for November 5, 2010; 9:00 a.m.; Fort Lauderdale, FL).
Sep. 21, 2010 Joint Response to Initial Order filed.
Sep. 09, 2010 Initial Order.
Sep. 08, 2010 Request for Administrative Hearing filed.
Sep. 08, 2010 Election of Rights filed.
Sep. 08, 2010 Notice (of Agency referral) filed.
Sep. 08, 2010 Administrative Complaint filed.

Orders for Case No: 10-008923
Issue Date Document Summary
Aug. 01, 2011 Agency Final Order
Source:  Florida - Division of Administrative Hearings

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