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ROBERTS v. ALBERTSON'S INC.

No. 4D10-2313.

119 So.3d 457 (2012)

Alan ROBERTS, Appellant, v. ALBERTSON'S INC., B.H.A., L.L.C., and Sebastian Rapisarda, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing and Rehearing En Banc Denied June 26, 2013.

Attorney(s) appearing for the Case

Bard D. Rockenbach of Burlington & Rockenbach, P.A., West Palm Beach, and Harry A. Shevin of Domnick & Shevin, PL, Palm Beach Gardens, for appellant.

Kenneth W. Sukhia of Sukhia Law Group, PLC, and James H.K. Bruner Sr. of Affiliated Computer Services, Inc., Tallahassee, for appellees.

CONNER, J.

In this appeal, we decide whether Florida law precludes the recipient of Medicaid benefits from seeking a judicial determination of what portion of a personal injury settlement is subject to a Medicaid lien and reimbursement to the state. Adhering to federal appellate precedent, we hold that a Medicaid recipient has the right to seek a judicial determination.

Factual Background and Trial Proceedings...

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