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COLLIER MED. CENTER v. STATE, DEPT. OF H. & R.S.

No. AV-172.

462 So.2d 83 (1985)

COLLIER MEDICAL CENTER, INC., Appellant, v. STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellee, and Naples Community Hospital, Inc., Fort Myers Community Hospital, and Lee Memorial Hospital, Appellees/Intervenors.

District Court of Appeal of Florida, First District.

Rehearing Denied January 31, 1985.

Attorney(s) appearing for the Case

Fred W. Baggett and Michael J. Cherniga, Roberts, Baggett, LaFace, Richard & Wiser, Tallahassee, for appellant.

Theodore E. Mack, Tallahassee, for appellee, Dept. of Health and Rehabilitative Services.

Kenneth F. Hoffman, Oertel & Hoffman, P.A., Tallahassee, for appellee, intervenor Naples Community Hosp., Inc.

David W. Mernitz, Stark, Doninger, Mernitz, West & Smith, Indianapolis, Ind., and E.G. Boone and Susan Lee Stockham, E.G. Boone, P.A., Venice, for appellee, intervenor Fort Myers Community Hosp.

Robert C. McCurdy, Fort Myers, for appellee, intervenor Lee Memorial Hosp.

SMITH, Judge.

Collier Medical Center ("CMC") appeals from a final order of appellee Department of Health and Rehabilitative Services ("HRS") adopting the proposed order of a Department of Administrative Hearings hearing officer which recommended denial of CMC's application for a certificate of need ("CON"). CMC challenges a number of the findings of fact and conclusions of law of the hearing officer. We affirm.

CMC's CON application proposed the construction...

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