Agency For HealthCare Administration v. Bayfront Medical Center, Inc.

145 So. 3d 888, 2014 WL 3510696

• Court: District Court of Appeal of Florida
• Decided: July 30, 2014
• Docket: 1D13-0224
• Status: Published

Opinion

WOLF, J.

Appellant, the Agency for Health Care Administration (AHCA), filed an appeal of a final order of the Division of Administrative Hearings which found that AHCA was operating under an unpromulgated rule. After the issues were fully briefed and this court heard oral arguments, AHCA filed a notice of voluntary dismissal. In light of this notice, we dismiss. However, we write to specify that AHCA may not avoid its obligation to pay appellees’ reasonable appellate attorney’s fees by filing this belated notice of voluntarily dismissal.

Section 120.595(4)(a), Florida Statutes, requires that “[i]f the appellate court or administrative law judge determines that” an agency is operating under an unpromul-gated rule, “a judgment or order shall be entered against the agency for reasonable costs and reasonable attorney’s fees, unless the agency demonstrates that the statement is required by the Federal Government to implement or retain a delegated or approved program or to meet a condition to receipt of federal funds.” Here, the administrative law judge (ALJ) found that AHCA was operating under an unpromulgated rule which was not required by the Federal Government. AHCA has sought to voluntarily dismiss this court’s review of that finding. Thus, the ALJ’s finding entitles appellees to reasonable attorney’s fees during the entire duration of these proceedings. As such, we accept the voluntary dismissal, but we grant appellees’ motion for appellate attor ney’s fees and remand for a determination of the amount if the parties are unable to reach an agreement.

DISMISSED. APPELLEES’ MOTION FOR ATTORNEYS FEES GRANTED.

PADOVANO and RAY, JJ., concur.