NME HOSPITALS, INC. v. DEPARTMENT OF HEALTH

Nos. BC-311, BC-323.

492 So.2d 379 (1985)

NME HOSPITALS, INC., D/B/a Delray Community Hospital and Nme Hospitals, Inc., D/B/a West Boca Raton Medical Center, Appellants, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES and Humana of Florida, Inc., D/B/a Women's Hospital of Boca Raton, Appellees. BETHESDA MEMORIAL HOSPITAL, Boca Raton Community Hospital and St. Mary's Hospital, Appellants, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, and Humana of Florida, Inc., D/B/a Women's Hospital of Boca Raton, Appellees.

District Court of Appeal of Florida, First District.

Opinion on Motion for Rehearing June 24, 1986.

Rehearing Denied July 23, 1986.


Attorney(s) appearing for the Case

C. Gary Williams & Michael Glazer of Ausley, McMullen, McGehee, Carothers & Proctor, Tallahassee, for appellants in No. BC-311.

Kenneth F. Hoffman & Martha J. Edenfield of Oertel & Hoffman, Tallahassee, for appellants in No. BC-323.

Jay Adams, Deputy Gen. Counsel, Dept. of Health and Rehabilitative Services, Tallahassee, for appellees in No. BC-311.

John H. French, Jr. & James C. Hauser of Messer, Rhodes & Vickers, Tallahassee, for appellees in No. BC-323.


ERVIN, Judge.

Appellants in these consolidated cases appeal from a final order of the Department of Health and Rehabilitative Services (HRS), denying their petitions for section 120.57(1) hearings. We affirm.

In November 1982, appellee Humana applied to HRS for a certificate of need (CON) to build a 120-bed women's hospital in Palm Beach County. In the January 21, 1983 issue of the Florida Administrative Weekly...

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