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PAGE v. CAPITAL MEDICAL CENTER, INC.

No. JJ-134.

371 So.2d 1087 (1979)

William J. PAGE, Jr., As Secretary of Health and Rehabilitative Services of the State of Florida, Art Forehand, As Bureau Chief of the Bureau of Community Medical Facilities of the Department of Health and Rehabilitative Services of the State of Florida, N/K/a Administrator of the Office of Community Medical Facilities, Appellants, v. CAPITAL MEDICAL CENTER, INC., a Florida Non-Profit Corporation, Appellee.

District Court of Appeal of Florida, First District.

June 13, 1979.

Attorney(s) appearing for the Case

Jean Laramore, Tallahassee, for appellants.

Everett P. Anderson of Pennington & Wilkinson, Tallahassee, for appellee.

ERVIN, J., Acting Chief Judge.

The Department of Health and Rehabilitative Services (HRS) appeals a circuit court's declaratory judgment that the Bureau of Community Medical Facilities Planning (Bureau) has only ministerial power under Section 381.494(6), Florida Statutes (1973), to issue or deny certificates of need to applicants proposing new medical facilities. Ironically, when the parties were before this court in ...

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