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Publisher Description

In Florida Medical Center v. Department of Health and Rehabilitative Services, 484 So.2d 1292 (Fla. 1st DCA 1986), this court, among other things, directed that the cause be remanded to HRS for the purpose of affording Florida Medical Center (FMC) the opportunity to determine whether sufficient time remained for FMC to intervene as a party to another partys application for a certificate of need (CON). And, on the same date as the issuance of the above opinion, we provisionally granted FMCs motion for attorneys fees against HRS, brought pursuant to Section 120.57(1)(b)9, Florida Statutes, and directed that fees be awarded if it were decided that FMC was entitled to a hearing on its contest of the award of a CON to the other party. Following remand, a hearing was held, and a memorandum decision issued by a hearing officer of the Division of Administrative Hearings, recommending as reasonable an attorney fee of $47,102.50, together with costs in the amount of $117.74, which this court subsequently approved. HRS thereupon moved for rehearing, asserting for the first time that FMC had failed to comply with the statutory condition precedent to the award of attorneys fees, e.g., its failure to establish or allege compliance with Section 284.30, Florida Statutes, providing:

GENRE
Professional & Technical
RELEASED
1984
March 22
LANGUAGE
EN
English
LENGTH
4
Pages
PUBLISHER
LawApp Publishers
SELLER
Innodata Book Distribution Services Inc
SIZE
55.7
KB

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