What did the court decide?

The court affirmed the Agency for Health Care Administration's decision against the appellant, meaning the agency's action stands.

Who is affected by this decision?

The immediate parties are the assisted living facility operator (the appellant) and the Agency for Health Care Administration; the agency's prior determination remains in effect for the facility.

Does the opinion explain why the court affirmed?

No — the published entry is a brief per curiam affirmance without an explanation of the court's legal reasoning or factual findings.

Can this decision be appealed further?

Potential further review (such as a petition to the Florida Supreme Court) may be available under the state's appellate rules, but the document does not discuss or resolve that question.

5539 NPR Operating LLC D/B/A New Port Richey Center for Assisted Living & Memory Care v. State of Florida, Agency for Health Care Administration

Docket 1D2025-0445

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

AdministrativeAffirmed

Filed: Apr 27, 2026 · 4 days ago
Jurisdiction: Florida
Court: District Court of Appeal of Florida
Type: Opinion
Case type: Administrative
Disposition: Affirmed
Docket: 1D2025-0445

Appeal from the Agency for Health Care Administration

Summary

The Florida First District Court of Appeal reviewed an administrative appeal by 5539 NPR Operating LLC (doing business as New Port Richey Center for Assisted Living & Memory Care) from a decision of the Agency for Health Care Administration. The court issued a short per curiam opinion on April 27, 2026, and affirmed the agency's decision. No written opinion explaining the court's reasoning appears in the file beyond the single-word disposition and concurrence by the three judges.

Issue Decided

Whether the Agency for Health Care Administration's decision adverse to the licensee should be reversed on appeal

Court's Reasoning

The opinion is per curiam and contains only the disposition "AFFIRMED" with concurrence by the panel; it does not state the court's legal analysis or factual findings in the published text. Because the court affirmed, it necessarily upheld the agency's decision as proper on the issues raised by the appellant.

Parties

Appellant: 5539 NPR Operating LLC d/b/a New Port Richey Center for Assisted Living & Memory Care
Appellee: State of Florida, Agency for Health Care Administration
Attorney: Bruce D. Lamb (Gunster, Yoakley & Stewart, P.A.)
Attorney: John A. Schifino (Gunster, Yoakley & Stewart, P.A.)
Attorney: Savannah Spears (Gunster, Yoakley & Stewart, P.A.)
Attorney: Christopher B. Lunny (Radey Law Firm)
Attorney: M. Drew Parker (Radey Law Firm)
Attorney: Robert W. Skrob (Radey Law Firm)
Judge: Per Curiam (Bilbrey, Nordby, and Treadwell, JJ., concur)

Key Dates

Decision date: 2026-04-27

What You Should Do Next

1
Consider motion under appellate rules
If the appellant believes a procedural or substantive error remains, they may timely file any authorized post-decision motion under Fla. R. App. P. 9.330 or 9.331 as noted on the opinion.
2
Evaluate further review options
Consult appellate counsel promptly to assess whether discretionary review to the Florida Supreme Court is warranted and to prepare any petition within applicable deadlines.
3
Comply with agency action
Unless and until further relief is obtained, the facility should comply with the Agency for Health Care Administration's decision that the court affirmed.

Frequently Asked Questions

What did the court decide?: The court affirmed the Agency for Health Care Administration's decision against the appellant, meaning the agency's action stands.
Who is affected by this decision?: The immediate parties are the assisted living facility operator (the appellant) and the Agency for Health Care Administration; the agency's prior determination remains in effect for the facility.
Does the opinion explain why the court affirmed?: No — the published entry is a brief per curiam affirmance without an explanation of the court's legal reasoning or factual findings.
Can this decision be appealed further?: Potential further review (such as a petition to the Florida Supreme Court) may be available under the state's appellate rules, but the document does not discuss or resolve that question.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text

FIRST DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
                 _____________________________

                        No. 1D2025-0445
                 _____________________________

5539 NPR OPERATING LLC d/b/a
NEW PORT RICHEY CENTER FOR
ASSISTED LIVING & MEMORY
CARE,

    Appellant,

    v.

STATE OF FLORIDA, AGENCY FOR
HEALTH CARE ADMINISTRATION,

    Appellee.
                 _____________________________


On appeal from the Agency for Health Care Administration.
Kimberly R. Smoak, Deputy Secretary.

                        April 27, 2026

PER CURIAM.

    AFFIRMED.

BILBREY, NORDBY, and TREADWELL, JJ., concur.
               _____________________________

    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
               _____________________________


Bruce D. Lamb, John A. Schifino, and Savannah Spears of
Gunster, Yoakley & Stewart, P.A., Tampa, for Appellant.

Christopher B. Lunny, M. Drew Parker, and Robert W. Skrob of
Radey Law Firm, Tallahassee, for Appellee.




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