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AFFINITY HOSP. v. BROOKWOOD HEALTH SERVICES

2120090.

143 So.3d 208 (2013)

AFFINITY HOSPITAL, LLC, d/b/a Trinity Medical Center of Birmingham v. BROOKWOOD HEALTH SERVICES, INC., d/b/a Brookwood Medical Center, et al.

Court of Civil Appeals of Alabama.

Certiorari Denied October 11, 2013 Alabama Supreme Court 1121359.

Attorney(s) appearing for the Case

Dorman Walker of Balch & Birmingham LLP, Montgomery; Ed R. Haden of Balch & Birmingham LLP, Birmingham; and Carey McRae and Jennifer H. Clark of Bradley Arant Boult Cummings LLP, Birmingham, for appellant.

John T. Mooresmith , John C. Morrow , and Kelli Fleming of Burr & Forman LLP, Birmingham; and James E. Williams of Melton, Espy & Williams, P.C., Montgomery, for appellee Brookwood Health Services, Inc. d/b/a Brookwood Medical Center.

Mark D. Wilkerson and Dana H. Billingsley of Wilkerson & Bryan, P.C., Montgomery, for appellees State Health Planning and Development Agency.

DONALDSON, Judge.

Affinity Hospital, LLC, d/b/a Trinity Medical Center of Birmingham ("Trinity"), appeals the judgment of the Montgomery Circuit Court upholding a decision of the State Health Planning Development Agency ("SHPDA") to grant a Certificate of Need ("CON") to Brookwood Health Services, Inc., d/b/a Brookwood Medical Center ("Brookwood"), to construct a freestanding emergency department ("FED") in Shelby County.1 This court has...

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