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FLA. MED. CENTER v. DEPT. OF H & R

Nos. BD-45, BD-46, BG-86, BG-198 and BG-203.

484 So.2d 1292 (1986)

FLORIDA MEDICAL CENTER, Appellant, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellee. SOUTH BROWARD HOSPITAL DISTRICT, Doctors General Hospital, Inc. of Plantation, Florida, Appellants, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Humhosco, Inc., d/b/a Humana Hospital Bennett, Tamarac Hospital Corp., Inc. d/b/a University Community Hospital, and Humhosco, Inc., D/B/a Humana Hospital South Broward, Appellees.

District Court of Appeal of Florida, First District.

Rehearings Denied April 7, 1986.

Attorney(s) appearing for the Case

Eric B. Tilton, Tallahassee, Loyd M. Starret, of Foley, Hoag, & Eliot, Boston, Mass., Clarke Walden, Dania, Barry G. Craig & Richard C. Klugh, Jr., of Mershon, Sawyer, Johnston, Dunwody & Cole, Miami, for appellants.

John F. Gilroy, Asst. Gen. Counsel, Tallahassee, Thomas A. Sheehan, III, of Moyle, Flanigan, Katz, Fitzgerald & Sheehan, West Palm Beach, John H. French, Jr. & James Hauser of Messer, Vickers, Caparello, French & Madsen, Tallahassee, for appellees.

ERVIN, Judge.

In these consolidated appeals, appellants, acute-care facilities located in the same health service area, appeal orders of the Department of Health and Rehabilitative Services (HRS), denying their petitions for formal administrative hearings as to HRS's decisions to issue certificates of need (CONs) to other acute-care facilities in the same service area. We affirm in part, reverse in part, and remand for further consistent proceedings.

In 1981...

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