CASSELBERRY v. AGENCY FOR HEALTH, 820 So.2d 320 (Fla.App. 5 Dist. 2001)

CASSELBERRY ALF, INC., d/b/a EASTBROOKE GARDENS, Petitioner, v. AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent.

No. 5D01-2517.District Court of Appeal of Florida, Fifth District.
October 19, 2001.

Petition for Review of Non-final Administrative Action, A Case of Original Jurisdiction.

Jayne M. Lambert of Jayne M. Lambert, P.A., Brandon, for Petitioner.

Gregory J. Philo, Senior Attorney, Agency for Health Care Administration, Tallahassee, for Respondent.

PER CURIAM.

Casselberry ALF, Inc., an assisted living facility, seeks review of a non-final agency action of the State of Florida Agency for Health Care Administration (AHCA). The complained-of action taken by AHCA consists of an order of immediate moratorium on admissions to Casselberry’s assisted living facility pending a formal administrative hearing. Although we decline to set aside the order of immediate moratorium at this time, we agree with Casselberry that in light of the exigent circumstances, the instant case should be remanded for an expedited formal administrative hearing See, e.g., Stock v. Department of Banking Fin., 584 So.2d 112 (Fla. 5th DCA 1991).

Page 321

REMANDED WITH INSTRUCTIONS.

GRIFFIN, SAWAYA and ORFINGER, R. B., JJ., concur.