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W. FRANK WELLS NURSING HOME v. STATE, AHCA

No. 1D07-2059.

979 So.2d 339 (2008)

W. FRANK WELLS NURSING HOME, Appellant, v. STATE of Florida, AGENCY FOR HEALTH CARE ADMINISTRATION, Appellee.

District Court of Appeal of Florida, First District.

April 7, 2008.

Attorney(s) appearing for the Case

John D. Buchanan, Jr. and Laura Beth Faragasso of Henry, Buchanan, Hudson, Suber & Carter, P.A., Tallahassee, for Appellant.

Thomas M. Hoeler, Assistant General Counsel, and Tracy Lee Cooper, Assistant General Counsel, Agency for Health Care Administration, Tallahassee, for Appellee.

PER CURIAM.

W. Frank Wells Nursing Home ("the nursing home") seeks review of a Final Order of Dismissal with Prejudice rendered by the Florida Agency for Health Care Administration ("AHCA"). The nursing home contends AHCA erred in concluding that a class III deficiency citation constituted preliminary agency action that is not reviewable in a section 120.57 hearing. We agree with this contention and conclude that a class III deficiency citation can, under certain...

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