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DEPT. OF HEALTH & REHAB. v. AMERICAN HEALTHCORP

No. AX-36.

471 So.2d 1312 (1985)

DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellant, v. AMERICAN HEALTHCORP OF VERO BEACH, INC., Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied July 25, 1985.

Attorney(s) appearing for the Case

M. Stephen Turner of Culpepper, Turner & Mannheimer, Tallahassee, for appellant.

Michael J. Cherniga of Roberts, Baggett, Laface, Richard & Wiser, Tallahassee, for appellee.

William Wiley & Charles Stampelos of McFarlain, Bobo, Sternstein, Wiley & Cassedy, Tallahassee, for amici curiae Indian River County Hosp. Dist. & Naples Community Hosp., Inc.

Kenneth Hoffman of Oertel & Hoffman, Tallahassee, for amicus curiae Indian River County Hosp. Dist.

John H. French, Jr. & James C. Hauser of Messer, Rhodes & Vickers, Tallahassee, for amicus curiae Humana, Inc., d/b/a Sebastian River Medical Center, Inc.

PER CURIAM.

The Department of Health and Rehabilitative Services (HRS) appeals from a final summary judgment compelling it, by writ of mandamus, to issue a certificate of need (CON) to appellee, American Healthcorp, for a 120-bed hospital in Vero Beach. We reverse.

In June 1983, appellee filed an amended petition for writ of mandamus in the lower court directed at appellant, alleging: On March 4, 1983, appellee filed a CON application with HRS for construction...

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