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BIO-MEDICAL APPLICATIONS OF CLEARWATER, INC. v. DEPT. OF HEALTH & REHABILITATIVE SERV.

No. 78-278.

370 So.2d 19 (1979)

BIO-MEDICAL APPLICATIONS OF CLEARWATER, INC., Petitioner, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, OFFICE OF COMMUNITY MEDICAL FACILITIES and Kidneycare of Florida, Inc., Respondents.

District Court of Appeal of Florida, Second District.

Rehearing Denied April 27, 1979.

Attorney(s) appearing for the Case

Harold W. Mullis, Jr. and Mark D. Cohn, of Trenam, Simmons, Kempker, Scharf, Barkin, Frye & O'Neill, Tampa, for petitioner.

Eric Haugdahl, Asst. Gen. Counsel, Tallahassee, for respondent Department of Health and Rehabilitative Services.

Woodie A. Liles and Peter A. Knocke, of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Tallahassee, for respondent Kidneycare of Florida, Inc.

DANAHY, Judge.

On this petition for review of final administrative agency action, we are required to determine whether a material error in procedure occurred when a hearing officer refused to consolidate two opposing applications for approval of new chronic kidney dialysis facilities in the same health planning area. Instead, one application was heard and approved prior to the hearing scheduled on the second. The second applicant contends that consideration of the...

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