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BERNAL v. STATE

No. 92-4066.

632 So.2d 94 (1994)

Celina BERNAL and Nelson Bernal, on their own behalf and on behalf of their deceased minor aon, Nelson Bernal, Appellants, v. STATE of Florida DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, APPELLEE.

District Court of Appeal of Florida, First District.

Rehearing Denied March 8, 1994.

Attorney(s) appearing for the Case

Anne L. Swerlick of Florida Legal Services, Inc., Tallahassee, and Thomas E. Zamorano of Legal Services of Greater Miami, Inc., Miami, for appellants.

Morton Laitner and Bonnie G. Katz, Department of Health and Rehabilitative Services, Miami, for appellee.

PER CURIAM.

The Bernals bring this appeal from the final order of the Department of Health and Rehabilitative Services, Office of Public Assistance Appeal Hearings, affirming the department's decision to deny the Bernals Medicaid reimbursement. Under the unique facts of this case and based on the scant record before us, we hold that the department did not establish the availability of third-party benefits and, thus, the existence of third-party liability. Consequently...

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