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RAINBOW COMM. HOSP. v. DEPT OF H & R

No. AX-19.

453 So.2d 1200 (1984)

RAINBOW COMMUNITY HOSPITAL, INC., Appellant, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, and NME hospitals, Inc., D/B/a Seven Rivers Community Hospital, Appellees.

District Court of Appeal of Florida, First District.

August 2, 1984.

Attorney(s) appearing for the Case

F. Philip Blank, Tallahassee, for appellant.

Jay Adams, Asst. Gen. Counsel, Tallahassee, for appellee Dept. of HRS.

C. Gary Williams and Michael J. Glazer of Ausley, McMullen, McGehee, Carothers & Proctor, Tallahassee, for appellee NME.

PER CURIAM.

We affirm the Department's (Department of Health and Rehabilitative Services) denial of the appellant's application for certificate of need to construct and operate an osteopathic hospital. The Department adopted the hearing officer's recommended order. Although it is apparent from the hearing officer's recommended order that the hearing officer failed to construe the requirements of Section 381.494(2), Florida Statutes, in accordance with this Court's...

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