MUNROE REGIONAL HEALTH SYSTEM INC v. AGENCY FOR HEALTH CARE ADMINISTRATION (2002)

District Court of Appeal of Florida,First District.

MUNROE REGIONAL HEALTH SYSTEM, INC., d/b/a Munroe Regional Medical Center, Appellant, v. AGENCY FOR HEALTH CARE ADMINISTRATION, a Department of the State of Florida; Medicaid Fraud Control Unit, a Division of the Florida Department of Legal Affairs; and Robert A. Butterworth, Attorney General of the State of Florida, Appellees.

No. 1D02-0322.

Decided: May 16, 2002

Gary C. Simons and John S. Simons of Savage, Krim, Simons & Jones, LLC, Ocala, for Appellant. Robert A. Butterworth, Attorney General, Charlie McCoy, Tallahassee and Scott Flint, Tampa, Assistant Attorneys General, for Appellee, State of Florida. Gregory J. Philo and L. William Porter, II, Tallahassee, for Appellee, Agency for Health Care Administration.

Having considered the appellant's response to the February 21, 2002, order to show cause, and the appellees' reply thereto, we dismiss this appeal as premature because there are related claims pending below. See S.L.T. Warehouse Co. v. Webb, 304 So.2d 97, 100 (Fla.1974); Odham v. Mouat, 484 So.2d 95, 96 (Fla. 1st DCA 1986). Furthermore, where the Office of the Attorney General brings a complaint on behalf of an agency or department of the state, that agency or department is the real party in interest and is a party to the litigation. See generally, State ex rel. Butterworth v. Anclote Manor Hosp., Inc., 566 So.2d 296, 298 (Fla. 2d DCA 1990) (dismissing as a party to the litigation corporation on whose behalf the Attorney General had brought suit). The Office of Attorney General filed the pending complaint on behalf of the Agency for Health Care Administration. Therefore, the order on appeal did not totally dispose of the entire case as to any party.

PER CURIAM.

BARFIELD, KAHN and VAN NORTWICK, JJ., CONCUR.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network