SMITH v. BENSON

Case No.: 09-21543-CIV.

703 F.Supp.2d 1262 (2010)

Sharett SMITH, by and through her next friend, Floyd Smith, Plaintiff, v. Holly BENSON, in her official capacity as Secretary of the Florida Agency for Health Care Administration, Defendant.

United States District Court, S.D. Florida.

January 28, 2010.


Attorney(s) appearing for the Case

Miriam E. Harmatz, Lead Counsel, Florida Legal Services Inc. Miami Advocacy Office, Jose Francisco Fons, Monica Vigues, Legal Services of Greater Miami, Miami, FL, for Plaintiff.

Justin M. Senior, Gainesville, FL, L. William Porter, II, Agency for Health Care Administration Office of General Counsel, Tallahassee, FL, for Defendant.


ORDER GRANTING MOTION FOR SUMMARY JUDGMENT; ISSUING DECLARATORY JUDGMENT AND PERMANENT INJUNCTION; CLOSING CASE

ALAN S. GOLD, District Judge.

This CAUSE is before the Court on Plaintiff's Motion for Summary Judgment [DE 26]. Plaintiff Sharett Smith, incontinent due to cerebral palsy, brought suit against Defendant the Secretary of the Florida Agency for Health Care Administration (AHCA),1 pursuant to 42 U.S...

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