ROBERT MCLEVY, APPELLANT,

v.

CHARLYNNE A. MCLEVY, APPELLEE

Citator

Cited By

• Hospice OF Palm Beach Cnty., Inc. v. State, 876 So. 2d 4 (Fla. 1st DCA 2004)
  …the de novo standard. Alachua County v. Scharps, 855 So. 2d 195, 198 (Fla. 1st DCA 2003). In determining whether HPBC had standing, the allegations contained in its petition must be taken as true. See Maverick Media Group, Inc. v. Dept. of Transp., 791 So. 2d 491, 494 n. 2 (Fla. 1st DCA 2001). Here, HPBC’s allegations were sufficient to at least raise a factual question as to whether the issuance of a license resulted from the issuance of a de facto CON. HPBC, a hospice provider in Palm Beach County, has st…
• S. Broward Hosp. Dist. v. State, 141 So. 3d 678 (Fla. 1st DCA 2014)
  …party, but asserts that AHCA erred in concluding that it had not met the requirements under the Agrico standing test. This court has held that the Agrico test only applies to third parties. See Maverick Media Group, Inc. v. State, Dep’t of Transp., 791 So. 2d 491, 491 (Fla. 1st DCA 2001). In Agrico, the appellant’s competitors sought to intervene in its petition for a construction permit, arguing that their economic interests would be affected. 406 So. 2d at 479. The department granted the competitors’ stan…
• FT. Myers Real Est. Holdings, LLC v. Dep't of Bus. & Prof'l Reg., 53 So. 3d 1158 (Fla. 1st DCA 2011)
  …ursing Home v. Agency for Health Care Admin., 27 So. 3d 73, 74 (Fla. 1st DCA 2009) (explaining that the Agrico test applies only to third parties seeking to challenge the intended issuance of a permit); Maverick Media Group, Inc. v. Dep’t of Tramp., 791 So. 2d 491, 492 (Fla. 1st DCA 2001) (same). Where, as here, the permit applicant disputes the factual grounds on which the agency denied its application, the applicant is entitled to a hearing at DOAH under section 120.57(1). See § 120.569(1), Fla. Stat.; Vil…

Authorities Cited

• Potucek v. Smeja, 419 So. 2d 1192 (Fla. 2d DCA 1982)
• Longo v. Longo, 515 So. 2d 1013 (Fla. 1st DCA 1987)