CHARTER MEDICAL-SOUTHEAST, INC. v. STATE

No. BE-361.

495 So.2d 759 (1986)

CHARTER MEDICAL-SOUTHEAST, Inc., D/B/a Charter Haven Hospital, Petitioner/Appellant, v. STATE OF Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Respondent/Appellee, and Manatee Memorial Hospital and Manatee Mental Health Center, Inc., Intervenors/Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied October 29, 1986.


Attorney(s) appearing for the Case

William E. Williams and Chris H. Bentley, of Fuller & Johnson, P.A., Tallahassee; and William E. Hoffman, Jr., and James A. Dyer, of King & Spaulding, Atlanta, Ga., for appellant.

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

Ronald H. Trybus, of Harllee, Porges, Hamlin & Brownell, St. Petersburg, for appellee/intervenor-Manatee Mental Health Center, Inc.

S. Jean Larramore, Alfred W. Clark, and G. Steven Pfeiffer, of Laramore & Clark, P.A., Tallahassee, for appellee/intervenor-Manatee Memorial Hosp.


SMITH, Judge.

Appellant Charter Medical-Southeast, Inc. (Charter) appeals from an order of appellee Department of Health and Rehabilitative Services (HRS) denying Charter's application for a certificate of need (CON). Charter contends that HRS erred in concluding that Charter's application failed to meet the requirements of section 381.494(6)(c)1, Florida Statutes (1983) and rule 10-5.11(25), (27), Florida Administrative Code. During the pendency of this appeal, appellee...

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