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HEALTH CARE & RETIREMENT v. DEPT. OF HEALTH

Nos. BG-167, BG-169.

489 So.2d 789 (1986)

HEALTH CARE AND RETIREMENT CORPORATION OF AMERICA, D/B/a Heartland of Lake County, Appellant, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellee. FLORIDA LIVING CARE, INC. (MT. DORA), Appellant, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellee.

District Court of Appeal of Florida, First District.

May 14, 1986.

Attorney(s) appearing for the Case

Alfred W. Clark and G. Steven Pfeiffer, of Laramore & Clark, P.A., Tallahassee, for appellant Health Care and Retirement Corp. of America.

Karen L. Goldsmith, Jonathan S. Grout, and Timothy H. Bendin, of Dempsey & Goldsmith, P.A., Orlando, for appellant Florida Living Care, Inc. (Mt. Dora).

Theodore E. Mack, Asst. Gen. Counsel, Dept. of Health and Rehabilitative Services, for appellee.

SHIVERS, Judge.

This is a consolidated appeal by appellants/petitioners Florida Living Care, Inc. (FLC) and Health Care and Retirement Corporation of America (HCRC) of a final order of the Department of Health and Rehabilitative Services (HRS) adopting the recommended order and denying petitioners' applications for certificates of need. We affirm in part, reverse in part, and remand.

In July 1983, appellants filed separate applications for certificates of...

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