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HUMANA OF FLORIDA, INC. v. DEPT. OF HEALTH

Nos. BI-246, BK-418.

500 So.2d 186 (1986)

HUMANA OF FLORIDA, INC., D/B/a Humana Hospital Daytona Beach, Appellant, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, & Surgicare III, Sponsor of Surgicare Outpatient Care of Daytona Beach, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied October 20, 1986.

Attorney(s) appearing for the Case

James C. Hauser, of Messer, Vickers, Caparello, French & Madsen, Tallahassee, for appellant.

Lesley Mendelson, H.R.S., for appellee HRS.

Kevin B. Getzendanner, Charles L. Gregory and Anne S. Infinger, of Arnall, Golden & Gregory, Atlanta, for appellee Surgicare III.

WENTWORTH, Judge.

Appellant, intervenor in a formal hearing to contest issuance of a certificate of need, seeks review of a Department of Health and Rehabilitative Services (HRS) final order by which the formal hearing was cancelled and the application for the certificate of need was approved.

Appellant contends that, having properly intervened in the administrative proceeding, it could not be divested of its rights as a party by the initial petitioner's voluntary...

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