Vantage Healthcare Corp. v. Agency for Health Care Admin., No. 96-1437

CourtCourt of Appeal of Florida (US)
Writing for the CourtDAVIS; BARFIELD, C.J., and KAHN
Citation687 So.2d 306
Docket NumberNo. 96-1437
Decision Date27 January 1997
Parties22 Fla. L. Weekly D342 VANTAGE HEALTHCARE CORPORATION, d/b/a Beverly Manor Rehabilitation and Specialty Care Center at Manatee County, Appellant, v. AGENCY FOR HEALTH CARE ADMINISTRATION and Manatee Springs Nursing Center, Inc., Appellees.

Page 306

687 So.2d 306
22 Fla. L. Weekly D342
VANTAGE HEALTHCARE CORPORATION, d/b/a Beverly Manor Rehabilitation and Specialty Care Center at Manatee County, Appellant,
v.
AGENCY FOR HEALTH CARE ADMINISTRATION and Manatee Springs Nursing Center, Inc., Appellees.
No. 96-1437.
District Court of Appeal of Florida,
First District.
Jan. 27, 1997.

Page 307

Douglas L. Mannheimer and Jay Adams of Broad and Cassel, Tallahassee, for Appellant.

John F. Gilroy, Senior Attorney, Agency for Health Care Administration, and David C. Ashburn of Gunster, Yoakley, Valdes-Fauli & Stewart, P.A., Tallahassee, for Appellees.

DAVIS, Judge.

Vantage Healthcare Corporation (Vantage) appeals a final order of the Agency for Health Care Administration (AHCA) awarding a certificate of need (CON) to Manatee Springs Nursing Center, Inc. (Manatee), and denying the application of Vantage. The sole issue is whether AHCA erred in accepting a late filed letter of intent from Manatee. Concluding that the agency erred in departing from the clear and express requirements of its own rule, we reverse.

The facts in this case are simple and undisputed. In the second nursing home application cycle of 1994 AHCA determined there was a need for an additional 63 community nursing home beds in Manatee County, Florida. Vantage timely filed a letter of intent to apply for the CON for those beds on October 31, 1994. That triggered the grace period for competing applicants to file letters of intent under section 408.039(2)(b) and Florida Administrative Code Rule 59C-1.008(1)(g). Rule 59C-1.008(1)(g)2. states that applicants have an additional 16 days to file their letters of intent. Thus, Manatee had until November 16, 1994, to file its letters of intent with the Agency and with the appropriate local health care council. On November 15, 1994, Manatee delivered both letters to Airborne Express for overnight delivery. Manatee made no effort to confirm that the letters were delivered before the deadline. The letters were not delivered until November 17, 1994.

AHCA concedes that both letters of intent were untimely, but, nevertheless, ruled that it could accept the late-filed letters of intent under the doctrine of equitable tolling. AHCA determined that Manatee acted reasonably in relying upon an overnight carrier and that therefore an exception should be made to the rule. The facts of this case do not present an appropriate case for the application of the doctrine of equitable tolling.

In every case cited by Manatee in which the doctrine of equitable tolling has been applied, a party was attempting through judicial or quasi-judicial proceedings to assert or protect a claim or right. "The doctrine of equitable tolling was...

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9 practice notes
  • American Civ. Lib. Union v. Miami-Dade Sch. Bd., No. 06-CIV-21577.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • July 24, 2006
    ...is bound to fully comply with its own rules and policies."); Vantage Healthcare Corporation v. Agency for Health Care Administration, 687 So.2d 306, 307 (Fla. 1st DCA 1997) (an agency statement that does not follow its own rules is itself an invalid rule); St. Johns River Water Management D......
  • O'Donnell's Corporation v. Ambroise, Case No. 5D03-324 (Fla. App. 5th Dist. 11/7/2003), Case No. 5D03-324.
    • United States
    • Court of Appeal of Florida (US)
    • November 7, 2003
    ...to the filing deadline but received one day after the deadline); Vantage Healthcare Corporation v. Agency for Health Care Administration, 687 So. 2d 306 (Fla. 1st DCA 1997) (finding the doctrine of equitable tolling inapplicable where petition was sent via overnight courier but was not time......
  • O'Donnell's Corp. v. Ambroise, No. 5D03-324.
    • United States
    • Court of Appeal of Florida (US)
    • November 7, 2003
    ...to the filing deadline but received one day after the deadline); Vantage Healthcare Corporation v. Agency for Health Care Administration, 687 So.2d 306 (Fla. 1st DCA 1997) (finding the doctrine of equitable 858 So.2d 1147 tolling inapplicable where petition was sent via overnight courier bu......
  • Mathis v. Florida Dept. of Corrections, No. 97-4309
    • United States
    • Court of Appeal of Florida (US)
    • February 15, 1999
    ...or rule. Statutes and rules do sometimes impose deadlines that are absolute or nearly so. See generally Vantage Healthcare Corp. v. AHCA, 687 So.2d 306 (Fla. 1st DCA 1997); Department of Ins. and Treasurer v. Administrators Corp., 603 So.2d 1359, 1361 (Fla. 1st DCA 1992) (accepting the argu......
  • Request a trial to view additional results
9 cases
  • American Civ. Lib. Union v. Miami-Dade Sch. Bd., No. 06-CIV-21577.
    • United States
    • United States District Courts. 11th Circuit. United States District Courts. 11th Circuit. Southern District of Florida
    • July 24, 2006
    ...is bound to fully comply with its own rules and policies."); Vantage Healthcare Corporation v. Agency for Health Care Administration, 687 So.2d 306, 307 (Fla. 1st DCA 1997) (an agency statement that does not follow its own rules is itself an invalid rule); St. Johns River Water Management D......
  • O'Donnell's Corporation v. Ambroise, Case No. 5D03-324 (Fla. App. 5th Dist. 11/7/2003), Case No. 5D03-324.
    • United States
    • Court of Appeal of Florida (US)
    • November 7, 2003
    ...to the filing deadline but received one day after the deadline); Vantage Healthcare Corporation v. Agency for Health Care Administration, 687 So. 2d 306 (Fla. 1st DCA 1997) (finding the doctrine of equitable tolling inapplicable where petition was sent via overnight courier but was not time......
  • O'Donnell's Corp. v. Ambroise, No. 5D03-324.
    • United States
    • Court of Appeal of Florida (US)
    • November 7, 2003
    ...to the filing deadline but received one day after the deadline); Vantage Healthcare Corporation v. Agency for Health Care Administration, 687 So.2d 306 (Fla. 1st DCA 1997) (finding the doctrine of equitable 858 So.2d 1147 tolling inapplicable where petition was sent via overnight courier bu......
  • Mathis v. Florida Dept. of Corrections, No. 97-4309
    • United States
    • Court of Appeal of Florida (US)
    • February 15, 1999
    ...or rule. Statutes and rules do sometimes impose deadlines that are absolute or nearly so. See generally Vantage Healthcare Corp. v. AHCA, 687 So.2d 306 (Fla. 1st DCA 1997); Department of Ins. and Treasurer v. Administrators Corp., 603 So.2d 1359, 1361 (Fla. 1st DCA 1992) (accepting the argu......
  • Request a trial to view additional results

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