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STATE, DHRS v. SOUTH BEACH PHARMACY

No. 92-4332.

635 So.2d 117 (1994)

STATE, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellant, v. SOUTH BEACH PHARMACY, INC., d/b/a Southpointe Pharmacy, Appellee.

District Court of Appeal of Florida, First District.

April 12, 1994.

Attorney(s) appearing for the Case

David G. Pius, Sr. Atty., Dept. of Health and Rehabilitative Services, Tallahassee, for appellant.

William M. Furlow and Alan Harrison Brents of Katz, Kutter, Haigler, Alderman, Davis, Marks & Bryant, P.A., Tallahassee, for appellee.

BENTON, Judge.

The Department of Health and Rehabilitative Services (HRS) urges reversal of a hearing officer's final order requiring HRS to reimburse South Beach Pharmacy, Inc. (Southpointe) for attorney's fees and costs that Southpointe incurred in successfully defending HRS' claims against it. HRS maintains that the fee petition was filed out of time, and argues that the hearing officer erred in finding that HRS lacked substantial justification to initiate the...

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