PEDI-CARE PLUS, INCORPORATED v. AGENCY FOR HEALTH CARE ADMINISTRATION

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA PEDI-CARE INCORPORATED , PLUS, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, v. CASE NO. 1D06-0574 AGENCY FOR HEALTH CARE ADMINISTRATION, Appellee. ___________________________/ Opinion filed February 16, 2007. An appeal from an order of the Agency for Health Care Administration. Alan Levine, Secretary. Donna H. Stinson of Broad & Cassell, Tallahassee, for Appellant. Christa Calamas, General Counsel, and Garnett Chisenhall, Chief Appellate Counsel, Agency for Health Care Administration, Tallahassee, for Appellee. PER CURIAM. Upon consideration of the appellant s response to the Court s order of March 1, 2006, the Court has concluded that the letter from the Agency for Health Care Administration declining to take action on the appellant s petition for formal administrative hearing does not constitute an appealable order. Simmons v. Agency for Health Care Administration, 1D06-4544 (Fla. 1st DCA January 24, 2007). Accordingly, the appeal is hereby dismissed for lack of jurisdiction. All pending motions are denied as moot. ALLEN, PADOVANO, and LEWIS, JJ., CONCUR. 2

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