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AGENCY FOR HEALTH CARE ADMIN. v. RILEY

No. 2D11-3863.

119 So.3d 514 (2013)

AGENCY FOR HEALTH CARE ADMINISTRATION, Appellant, v. Dorothy McGriff RILEY, as Personal Representative of the Estate of Caesar Riley, Deceased, Appellee.

District Court of Appeal of Florida, Second District.

August 14, 2013.

Attorney(s) appearing for the Case

Michael A. Kolcun, Jr. (withdrew after briefing); James H.K. Bruner, Sr. (withdrew after oral argument); and Adam J. Stallard , Tallahassee, for Appellant.

Maegen P. Luka and Celene H. Humphries , of Brannock & Humphries; and Floyd Faglie of Staunton & Faglie, PL, Monticello, for Appellee.

Bard D. Rockenbach of Burlington & Rockenbach, P.A., West Palm Beach, for Amicus Curiae Florida Justice Association.

Steven E. Quinnell of Quinnell Elder Law Firm, Pensacola, for Amicus Curiae The Academy of Florida Elder Law Attorneys.

ALTENBERND, Judge.

The Agency for Health Care Administration (AHCA) appeals an order of the trial court determining the portion of a personal injury settlement subject to AHCA's Medicaid lien. For reasons further explained in this opinion, we reverse and remand.

Caesar Riley was shot by a third party who has not been involved in this litigation. Mr. Riley brought a personal injury lawsuit against the owner of the property on

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