GOOD SAMARITAN HOSP. v. DHRS

No. 90-3219.

582 So.2d 722 (1991)

GOOD SAMARITAN HOSPITAL, Appellant, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellee.

District Court of Appeal of Florida, Fourth District.

July 3, 1991.


Attorney(s) appearing for the Case

H. Darrell White, Charles A. Stampelos and William B. Wiley of McFarlain, Sternstein, Wiley & Cassedy, P.A., Tallahassee, and James A. Farrell, West Palm Beach, for appellant.

John Rodriguez, Tallahassee, for appellee.


GLICKSTEIN, Judge.

This is an appeal by Good Samaritan Hospital from a final order, denying its motion for attorney's fees, entered by a hearing officer of the Division of Administrative Hearings. We conclude that appellee, HRS, filed the administrative complaint against the hospital for an "improper purpose" in violation of section 120.57(1)(b)5, Florida Statutes (1989), and accordingly, reverse the order and remand with direction to determine and award attorney...

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