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BALSAM v. DEPT. OF HEALTH & REHAB. SERVICES

No. BE-147.

486 So.2d 1341 (1986)

Gerald BALSAM, Howard M. Israel, Lawrence Levinson, Herbert Schwartz, Arnold Zager, and Bruce Jones, Appellants, v. Department of Health and Rehabilitative Services, Florida Medical Center, and Charter Medical-Ft. Lauderdale, Inc., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied May 2, 1986.

Attorney(s) appearing for the Case

Kenneth G. Oertel, of Oertel & Hoffman, P.A., Tallahassee, for appellants.

John M. Carlson, Asst. Gen. Counsel, HRS, Tallahassee, for appellee HRS.

Eric B. Tilton and Thomas W. Stahl, Tallahassee, for appellee Fla. Medical Center.

Allan C. Sundberg and Cynthia S. Tunnicliff, of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., Tallahassee, and William E. Hoffman, Jr., and Richard L. Shackelford of Bondurant, Miller, Hishon & Stephenson, Atlanta, for appellee Charter Medical-Ft. Lauderdale, Inc.

ZEHMER, Judge.

Appellants are a physician, a hospital administrator, a psychologist, and a pharmacologist doing business as a partnership known as Florida Psychiatric Center (FPC). They appeal a final order of the Department of Health and Rehabilitative Services (HRS) denying their application for a certificate of need (CON) for a proposed hundred-bed, short-term psychiatric and substance abuse hospital. We conclude that HRS acted arbitrarily and contrary to law in...

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