BROWARD CHILDREN'S CENTER, INC., APPELLANT,
v.
PLANTATION NURSING AND REHABILITATION CENTER AND AGENCY FOR HEALTH CARE ADMINISTRATION, APPELLEES
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Broward Children's Center appealed denial of its petition to intervene in a rule challenge proceeding where the Agency for Health Care Administration agreed with Plantation Nursing that a Florida Administrative Code rule was invalid. The court affirmed the denial, holding that intervention was inappropriate because the intervenor sought to defend a rule that both parties agreed was invalid, which would improperly elevate the intervenor to principal party status.
The court held that intervention was improper because the intervenor sought to defend the rule's validity while unable to align with either party, which would improperly elevate it to principal party status. The rights of an intervenor are subordinate to the rights of the original parties, and an intervenor cannot inject new issues into a case.
[1] Intervention is a dependent remedy where an intervenor may not inject a new issue into a case.
[2] The rights of an intervenor are subordinate to the rights of the parties in a lawsuit.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the rights of an intervenor are subordinate to the rights of the parties”
Establishes the foundational principle that intervenor rights are secondary to original parties' rights
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Join FLexlaw to unlock all legal intelligencePlantation Nursing and Rehabilitation Center filed a rule challenge proceeding against Florida Administrative Code Rule 59A-4.1295(7)(e). The Agency f…
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Appellant, Broward Children’s Center, Inc., appeals a Summary Final Order denying its Petition for Leave to Amend in the rule challenge proceeding filed by Appellee, Plantation Nursing and Rehabilitation Center (“Plantation”). In denying the petition, the administrative law judge (“ALJ”) noted that this case was in an unusual, if not unique, procedural posture because the Agency for Healthcare Administration (“AHCA”) agreed with Plantation that Florida Administrative Code Rule 59A-4.1295(7)(e) was invalid. The ALJ correctly reasoned that intervention was inappropriate in this case because Appellant, who wished to defend the rule’s validity and who could not be aligned with either party, would be improperly elevated to the status of a principal party if intervention were permitted.
*1064As we have previously explained, the rights of an intervenor are subordinate to the rights of the parties. Envtl. Confederation of Sw. Fla., Inc. v. IMC Phosphates, Inc., 857 So.2d 207, 210 (Fla. 1st DCA 2003). Intervention is a dependent remedy in the sense that an intervenor may not inject a new issue into a case, and the rights of an intervenor are conditional in that they exist only as long as the litigation continues between the parties. Id. Although, as Appellant argues, the ALJ ultimately determined the rule’s validity, AHCA, like other administrative agencies, is afforded wide discretion in interpreting a statute which it is given the power and duty to administer. Sullivan v. Fla. Dep’t of Envt'l. Prot., 890 So.2d 417, 420 (Fla. 1st DCA 2004). The ALJ was mindful of this discretion when ruling that the rule was invalid. Under the facts of this case, the ALJ properly denied Appellant’s petition.
Accordingly, we AFFIRM the Summary Final Order.
WOLF and MARSTILLER, JJ., concur.
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- Asher G. Sullivan, Jr. v. Fla. Dep't OF Env't Prot., 890 So. 2d 417 (Fla. 1st DCA 2004)
- Env't Confederation OF Sw. Fla., Inc. v. IMC Phosphates, Inc., 857 So. 2d 207 (Fla. 1st DCA 2003)