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AHCA v. BOARD

No. 95-2036.

673 So.2d 531 (1996)

AGENCY FOR HEALTH CARE ADMINISTRATION, Appellant, v. BOARD OF CLINICAL LABORATORY PERSONNEL, Luisa Malgerstorfe, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied June 6, 1996.

Attorney(s) appearing for the Case

James H. Peterson, III, Senior Attorney, Agency for Health Care Administration, Tallahassee, and Kathryn L. Kasprzak, Assistant General Counsel, Department of Business and Professional Regulation, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, and Claire D. Dryfuss, Tallahassee, for Appellee Board of Clinical Laboratory Personnel; Sandra E. Allen, of Law Firm of Allen & Gonzalez-Neimeiser, P.A., Tallahassee, for Appellee Luisa Malgerstorfe.

BARFIELD, Judge.

The Agency for Health Care Administration (AHCA) appeals a final order of the Board of Clinical Laboratory Personnel (Board) granting the petition of Luisa Malgerstorfe for a clinical laboratory supervisor license. Appellees both filed motions to dismiss the appeal, asserting that AHCA does not have standing to appeal the Board's licensing decision. Malgerstorfe also filed a petition for writ of mandamus to require AHCA to issue her a clinical laboratory...

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