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American Healthcorp of Vero Beach, Inc. v. Department of Health & Rehabilitative Services

488 So. 2d 824, 11 Fla. L. Weekly 231, 1986 Fla. LEXIS 2130
CourtSupreme Court of Florida
DecidedMay 22, 1986
DocketNo. 67448
StatusPublished
Cited by12 cases

This text of 488 So. 2d 824 (American Healthcorp of Vero Beach, Inc. v. Department of Health & Rehabilitative Services) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
American Healthcorp of Vero Beach, Inc. v. Department of Health & Rehabilitative Services, 488 So. 2d 824, 11 Fla. L. Weekly 231, 1986 Fla. LEXIS 2130 (Fla. 1986).

Opinion

PER CURIAM.

We have for review Department of Health and Rehabilitative Services v. American Healthcorp, 471 So.2d 1312 (Fla. 1st DCA 1985). In denying American Healthcorp’s motion for rehearing, the district court certified the following question:

Is the Department of Health and Rehabilitative Services, by reason of the language in section 381.494(8)(c), Florida Statutes (Supp.1982), providing that if the department fails to take certain action within the time specified therein, that the applicant “may take appropriate legal action, including relief pursuant to the Administrative Procedure Act,” exempted from the general language of section 120.60(2), Florida Statutes (1981), requiring issuance of a license if an [825]*825agency fails to act within the time specified therein?

We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

We answer the certified question in the affirmative, and adopt the majority opinion of the First District Court of Appeal.

It is so ordered.

BOYD, C.J., and ADKINS, OVERTON, McDONALD, EHRLICH, SHAW and BARKETT, JJ., concur.

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Bluebook (online)
488 So. 2d 824, 11 Fla. L. Weekly 231, 1986 Fla. LEXIS 2130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-healthcorp-of-vero-beach-inc-v-department-of-health-fla-1986.