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ESTATE OF SHEARER v. AGENCY FOR HEALTH CARE

No. 98-2604.

737 So.2d 1229 (1999)

ESTATE OF Mary Ann SHEARER, By and Through the Personal Representative, Dennis SHEARER, Appellant, v. AGENCY FOR HEALTH CARE ADMINISTRATION, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

July 30, 1999.

Attorney(s) appearing for the Case

James L. Wilkes, II and Mary J. Perry of Wilkes and McHugh, P.A., Tampa, and Derek B. Alvarez of Curt Genders, P.A., Tampa, for Appellant.

Tae Kelley Bronner and Charles F. Ketchey, Jr. and Jeanne Z. McLean of Ketchey Horan, P.A., Tampa, for Appellees.

GOSHORN, J.

The Estate of Mary Ann Shearer, by and through the personal representative Dennis Shearer (hereinafter Shearer), appeals the order denying Shearer's petition to strike the Medicaid Estate Recovery Unit's (hereinafter Medicaid) amended claim for recovery of monies expended on behalf of Mary Ann Shearer. Shearer argues the amended claim was untimely filed and thus should have been stricken. We agree and reverse.

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