A.B.
v.
STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION
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Failure to raise an issue in an initial appellate brief constitutes a waiver of that issue on appeal.
[1] An appellant waives any issue on appeal when the appellant fails to identify or argue that issue in the initial appellate brief.
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Join FLexlaw to unlock all legal intelligenceA.B. appealed a decision by the State of Florida, Agency for Health Care Administration.…
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Opinion filed November 29, 2023. Not final until disposition of timely filed motion for rehearing.
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No. 3D23-0481 Lower Tribunal No. AHCA 22-FH1885
________________
A.B., Appellant,
vs.
State of Florida, Agency for Health Care Administration, Appellee.
An Appeal from the State of Florida, Agency for Health Care Administration. A.B., in proper person. Eleanor H. Sills, Senior Attorney (Tallahassee), for appellee. Before EMAS, GORDO and BOKOR, JJ. PER CURIAM. Affirmed. See V.T. v. Liberty Dental Plan of Fla., Inc., 338 So. 3d 989, 990 (Fla. 3d DCA 2022) (the failure to raise an issue in the initial brief waives the issue on appeal); K.A. v. Sunshine Health Plan, Inc., 360 So. 3d 1247, 1247 (Fla. 1st DCA 2023) (citing V.T. and affirming hearing officer’s final order where appellant’s “initial brief fails to identify or argue how the hearing officer committed legal error,” thereby “waiving any claim for error”); Doe v. Baptist Primary Care, Inc., 177 So. 3d 669, 673 (Fla. 1st DCA 2015) (“An appellant who presents no argument as to why a trial court’s ruling is incorrect on an issue has abandoned the issue”).
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A.B. v. State, 338 So. 3d 989 (Fla. 3d DCA 2023)…PER CURIAM. Affirmed. See V.T. v. Liberty Dental Plan of Fla., Inc., 338 So. 3d 989, 990 (Fla. 3d DCA 2022) (the failure to raise an issue in the initial brief waives the issue on appeal); K.A. v. Sunshine Health Plan, Inc., 360 So. 3d 1247, 1247 (Fla. 1st DCA 2023) (citing V.T. and affirming hearing officer’s final order where app…1 / 2
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K.A. v. Sunshine State Health Plan, Inc. (Fla. 1st DCA 2023)…rt. Appellant filed a timely appeal in this court. But his (amended) initial brief fails to identify or argue how the hearing officer committed legal error. Thus, any claim for error has been waived. See V.T. v. Liberty Dental Plan of Fla., Inc., 338 So. 3d 989, 990 (Fla. 3d DCA 2022) (affirming an AHCA final order where an appellant-Medicaid recipient’s initial brief failed to identify specific errors); Doe v. Baptist Primary Care, Inc., 177 So. 3d 669, 673 (Fla. 1st DCA 2015) (“An appellant who presents…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- DOE v. Baptist Primary Care, Inc., 177 So. 3d 669 (Fla. 1st DCA 2015)
- A.B. v. State, 338 So. 3d 989 (Fla. 3d DCA 2023)