South Broward Hospital District etc. et al. vs State of Florida, Agency for Health Care etc.
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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA NORTH BROWARD HOSPITAL d/b/a BROWARD GENERAL MEDICAL CENTER and NORTH BROWARD MEDICAL CENTER, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D14-5568 Appellants, v. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Appellee. _____________________________/ ORLANDO HEALTH, INC., Appellant, v. CASE NO. 1D14-5570 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Appellee. _____________________________/ TALLAHASSEE HEALTHCARE TALLAHASSEE HOSPITAL, Appellant, MEMORIAL INC. d/b/a MEMORIAL v. CASE NO. 1D14-5571 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Appellee. _____________________________/ SHANDS TEACHING HOSPITAL AND CLINICS, INC., Appellant, v. CASE NO. 1D14-5572 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Appellee. _____________________________/ SOUTH BROWARD HOSPITAL DISTRICT d/b/a MEMORIAL REGIONAL HOSPITAL and MEMORIAL HOSPITAL MIRAMAR, Appellants, v. CASE NO. 1D14-5574 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Appellee. _____________________________/ 2 SHANDS JACKSONVILLE MEDICAL CENTER, INC., Appellant, v. CASE NO. 1D14-5575 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Appellee. _____________________________/ JACKSON HOSPITAL, MEMORIAL Appellant, v. CASE NO. 1D15-0661 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Appellee. _____________________________/ Opinion filed August 7, 2015. Appeals from Final Orders and Amended Final Orders of the Agency for Health Care Administration. Joanne B. Erde, Donna Holshouser Stinson, and Harvey W. Gurland, Jr. of Duane Morris, LLP, Miami, for Appellants North Broward Hospital District, Orlando Hospital, Inc., Tallahassee Memorial Healthcare, Inc., Shands Teaching Hospital and Clinics, South Broward Hospital District, and Shands Jacksonville Medical Center, Inc.; R.A. Cuevas, Jr., Miami-Dade County Attorney, Christopher C. 3 Kokoruda, James J. Allen, and Eugene Shy, Jr., Assistant County Attorneys, Miami, for Appellant Jackson Memorial Hospital. Joseph M. Goldstein and Amy M. Wessel of Shutts & Bowen, LLP, Fort Lauderdale, Stephen T. Maher of Shutts & Bowen, LLP, Miami, and Daniel E. Nordby of Shutts & Bowen, LLP, Tallahassee; Tracey Cooper George, Chief Appellate Counsel, Agency for Health Care Administration, Tallahassee, for Appellee. PER CURIAM. Before us in these consolidated appeals are final orders the Agency for Health Care Administration (Agency) entered in section 120.57(1) proceedings, after an Administrative Law Judge in the Division of Administrative Hearings had remanded the cases to the Agency, and appellants had withdrawn their petitions for formal hearing. Our jurisdiction to entertain an administrative appeal from a final closing order is clear. See Hill v. Div. of Ret., 687 So. 2d 1376, 1377 (Fla. 1st DCA 1997) (“A final order may or may not dismiss a petition for hearing or some other pleading. Its finality depends on whether it has brought the administrative adjudicative process to a close.”); see also Altee v. Duval Cnty. Sch. Bd., 990 So. 2d 1124, 1124-25 (Fla. 1st DCA 2008) (granting petition for review of closing 4 order, even though the closing order was deemed non-final agency action, on grounds immediate review was necessary to provide an adequate remedy). In addition to closing the cases, the final orders went on to discuss the possibility of future petitions, proceedings or challenges, challenges we were told at oral argument no party has thus far sought to bring. The legal effect of any such possible petitions, proceedings or challenges was not, in any event, at issue before the Agency when the final orders were entered. Accordingly, in affirming the orders under review, we decline to address the Agency’s speculative obiter dicta. AFFIRMED. BENTON and OSTERHAUS, JJ., and LESTER, DON H., ASSOCIATE JUDGE, CONCUR. 5
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