LIVING WELL ALF CORP v. AGENCY FOR HEALTH CARE ADMINISTRATION (2018)

District Court of Appeal of Florida, Third District.

LIVING WELL ALF, CORP., Appellant(s)/Petitioner(s), v. AGENCY FOR HEALTH CARE ADMINISTRATION, Appellee(s)/Respondent(s),

CASE NO.: 3D18–0720

Decided: April 25, 2018

The motion for leave to file a late notice of appeal is denied. The appeal is dismissed without prejudice to appellant's right to seek relief from the Agency for Health Care Administration to vacate and reenter its suspension final order. See Phillips v. Fla. Unemployment Appeals Comm'n, 927 So. 2d 1027, 1028 (Fla. 1st DCA 2006) (“Because appellant's notice of appeal was not timely filed, we are compelled to dismiss this appeal for lack of jurisdiction. However, in light of appellant's allegation that he was misinformed by staff at the Unemployment Appeals Commission concerning the process for initiating an appeal, this disposition is without prejudice to appellant's right to seek relief by filing a motion with the Unemployment Appeals Commission requesting that it vacate and reenter the final order at issue.”).

FERNANDEZ, SCALES and LUCK, JJ., concur.

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