Florida Living Care, Inc. v. Department of Health & Rehabilitative Services

District Court of Appeal of Florida

Florida Living Care, Inc. v. Department of Health & Rehabilitative Services

488 So. 2d 876, 11 Fla. L. Weekly 1107, 1986 Fla. App. LEXIS 7760

CourtDistrict Court of Appeal of Florida

DecidedMay 13, 1986

DocketNo. BL-65

StatusPublished

This text of 488 So. 2d 876 (Florida Living Care, Inc. v. Department of Health & Rehabilitative Services) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Florida Living Care, Inc. v. Department of Health & Rehabilitative Services, 488 So. 2d 876, 11 Fla. L. Weekly 1107, 1986 Fla. App. LEXIS 7760 (Fla. Ct. App. 1986).

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Opinion

WENTWORTH, Judge.

Petitioner, a certificate of need applicant, seeks review of an administrative ruling by which a hearing officer determined that petitioner is not entitled to a comparative 'hearing with two other applicants. The contested ruling does not represent final agency action, and petitioner has not asserted, nor does the record indicate, that review of final action would provide an inadequate remedy. Section 120.68(1), Florida Statutes, thus does not authorize immediate review. See Charter Medical-Jacksonville Inc. v. Community Psychiatric Centers of Florida, Inc., 482 So.2d 437 (Fla. 1st DCA 1986). We therefore dismiss this cause as one which improperly seeks review of non-final action, without prejudice to petitioner’s ability to timely pursue review after final agency action.

ERVIN and JOANOS, JJ., concur.

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WENTWORTH, Judge.

Petitioner, a certificate of need applicant, seeks review of an administrative ruling by which a hearing officer determined that petitioner is not entitled to a comparative 'hearing with two other applicants. The contested ruling does not represent final agency action, and petitioner has not asserted, nor does the record indicate, that review of final action would provide an inadequate remedy. Section 120.68(1), Florida Statutes, thus does not authorize immediate review. See Charter Medical-Jacksonville Inc. v. Community Psychiatric Centers of Florida, Inc., 482 So.2d 437 (Fla. 1st DCA 1986). We therefore dismiss this cause as one which improperly seeks review of non-final action, without prejudice to petitioner’s ability to timely pursue review after final agency action.

ERVIN and JOANOS, JJ., concur.

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Bluebook (online)

488 So. 2d 876, 11 Fla. L. Weekly 1107, 1986 Fla. App. LEXIS 7760, Counsel Stack Legal Research, https://law.counselstack.com/opinion/florida-living-care-inc-v-department-of-health-rehabilitative-services-fladistctapp-1986.

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