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Date: 01-24-2019
Case Style:
State of Florida, Agency for Health Care Administration vs Michael Lee Smathers, II
Case Number: 17-4239
Judge: PER CURIAM
Court: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA
Plaintiff's Attorney: Ashley Brooke Moody, Attorney General, and Elizabeth Teegen, Assistant Attorney General
Defendant's Attorney: John H. Pelzer
Description:
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After Michael Lee Smathers obtained a settlement in a personal injury lawsuit, the Agency for Health Care Administration (AHCA) asserted a lien against the settlement proceeds for reimbursement of medical assistance provided to Smathers under the Medicaid program. Smathers filed a petition with the Division of Administrative Hearings (DOAH) to contest the amount of the lien. The administrative law judge (ALJ) concluded that DOAH lacked jurisdiction and entered a final order dismissing the petition. AHCA appealed, arguing that the ALJ erred in concluding that he was required to dismiss the petition for lack of jurisdiction. Because it appeared that AHCA did not have standing to appeal, and because Smathers did not cross-appeal, we ordered the parties to show cause why the appeal should not be dismissed.
Both parties conceded that the final order did not adversely affect AHCA. Because the final order was wholly favorable to AHCA, the agency lacked standing and we must dismiss the appeal. See § 120.68(1)(a), Fla. Stat. (2018); Fla. Dep’t of Envtl. Prot. v. Fla. Reemployment Assistance Appeals Comm’n, 123 So. 3d 1154, 1154-55 (Fla. 1st DCA 2012) (dismissing an appeal where the order on appeal was wholly favorable to the state agency seeking review of the order); Dep’t of Health v. Fresenius Med. Care Holdings, Inc., 935 So. 2d 636, 637 (Fla. 1st DCA 2006) (“An appeal of a wholly favorable judgment must be dismissed.”); Fla. Comm’n on Hurricane Loss Projection Methodology v. Dep’t of Ins., 716 So. 2d 345, 346 (Fla. 1st DCA 1998) (“We decline to examine an administrative law judge’s rationale for a ruling at the behest of the party in whose favor the administrative law judge ruled.”).
Outcome: DISMISSED
Plaintiff's Experts:
Defendant's Experts:
Comments: