Dept. of Health v. Fresenius Medical Care, 1D05-4144.
| Decision Date | 15 August 2006 |
| Docket Number | No. 1D05-4144.,1D05-4144. |
| Citation | 935 So.2d 636 |
| Parties | DEPARTMENT OF HEALTH, a state agency, and the Board of Medicine, a state board, Appellants, v. FRESENIUS MEDICAL CARE HOLDINGS, INC. d/b/a Fresenius Medical Care North America, a foreign corporation; National Medical Care, Inc., Bio-Medical Applications of Florida, Inc., Homestead Artificial Kidney Center, Inc., and Spectra Laboratories, Inc., its subsidiaries. Gambro Healthcare, Inc., a foreign corporation, Gambro Healthcare of East Orlando, LLP, Gambro Healthcare of Southwest Orlando, LLP, Gambro Healthcare of Central Florida, LLP, Gambro Health-Care of Plantation a/k/a Plantation Artificial Kidney Center, Inc., Gambro Healthcare of Temple Terrace, LLP, Gambro Healthcare Laboratory Services, Inc., its subsidiaries and joint venture entities, and Davita Inc., a foreign corporation, Total Renal Care, Inc., Crystal River Dialysis, LC, Flamingo Park Kidney Center, Inc., Renal Treatment Centers Southeast, LP, East Ft. Lauderdale LLC, Bay Area Dialysis Partnership, Total Renal Laboratories, Inc. d/b/a Davita Laboratory Services, its subsidiaries and joint venture entities, Appellees. |
| Court | Florida District Court of Appeals |
Charlie Crist, Attorney General; Christopher M. Kise, Solicitor General; and Steven Todd Gold; Deputy Solicitor General, Tallahassee, for Appellants.
Kelly Overstreet Johnson, Martin A. Fitzpatrick, and Kelly A. O'Keefe of Broad and Cassel, Tallahassee; Gabriel L. Imperato of Broad and Cassel, Ft. Lauderdale; George Meros, Jr. of Gray, Harris, and Robinson, Tallahassee; and Gray Robinson, Tallahassee for Appellees.
Upon consideration of the briefs and oral arguments of the parties, the court has concluded that appellants have no standing. Appellants have sought review of a wholly favorable order adopting the argument presented by appellants in the trial court and denying appellees' motion for return of documents. An appeal of a wholly favorable judgment must be dismissed. See Fla. Comm'n on Hurricane Loss Projection Methodology v. State, Dep't of Ins. & Treasurer, 716 So.2d 345, 346 (Fla. 1st DCA 1998)( petition for writ of certiorari in administrative law case, the outcome of which was favorable to appellant); Gen. Dev. Utils., Inc. v. Fla. Pub. Serv. Comm'n, Div. of Admin. Hearings, 385 So.2d 1050, 1051 (Fla. 1st DCA 1980)( appeal based on long-standing rule that judgment or decree wholly in favor of a party may not be appealed by that par...
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...September 16, 2013, why the appeal should not be dismissed for lack of standing on the authority of Dept. of Health v. Fresenius Med. Care Holding, Inc., 935 So. 2d 636 (Fla. 1st DCA 2006) ("An appeal of a wholly favorable judgment must be dismissed.").(Ex. AA). Petitioner argued in respons......
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