OLIVA v. STATE

No. 1D01-300.

821 So.2d 446 (2002)

Sixto OLIVA, on behalf of himself and all others similarly situated, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

July 19, 2002.


Attorney(s) appearing for the Case

Elizabeth K. Russo and Daniella Friedman of Campbell Denes & Brown and Russo Appellate Firm, Miami, for Appellant.

Robert Butterworth, Attorney General, James A. Peters, Special Counsel and Louis F. Hubener, Assistant Attorney General, Tallahassee, for Appellee.


ALLEN, C.J.

The appellant challenges an order dismissing a civil complaint by which he sought to recover a share of the proceeds which the state would obtain pursuant to a settlement agreement in its separate action against various tobacco companies. The state's action was based on Medicaid payments involving smoking-related illnesses, and the appellant claimed that as a Medicaid recipient for such an illness he is statutorily entitled to a share of excess proceeds...

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