BROOKWOOD EXTENDED CARE v. STATE, ETC.

No. AV-443.

453 So.2d 865 (1984)

BROOKWOOD EXTENDED CARE CENTERS, INC., a Florida Corporation, Appellant, v. STATE of Florida, DEPARTMENT OF HEALTH & REHABILITATIVE SERVICES, Appellee.

District Court of Appeal of Florida, First District.

July 24, 1984.


Attorney(s) appearing for the Case

Leonard A. Carson and Michael M. Parrish, of Carson & Linn, Tallahassee, for appellant.

James Barclay and Kim Clayton, Department of Health and Rehabilitative Services, Tallahassee, for appellee.


WENTWORTH, Judge.

Appellant seeks review of an administrative order by which its petition for a § 120.57(1), Florida Statutes, hearing was denied. We find that appellee Department of Health and Rehabilitative Services (HRS) erred by resolving disputed issues of material fact without affording appellant a hearing with regard thereto, and we therefore reverse the order appealed.

Appellant was issued a Certificate of Need by HRS for the construction of a...

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