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HEALTH CARE & RETIREMENT CORP. v. DHRS

No. BQ-22.

516 So.2d 292 (1987)

HEALTH CARE AND RETIREMENT CORPORATION OF AMERICA, d/b/a Heartland of Palm Beach, Appellant, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellee.

District Court of Appeal of Florida, First District.

December 1, 1987.

Attorney(s) appearing for the Case

G. Steven Pfeiffer of Laramore & Clark, P.A., Tallahassee, for appellant.

R.S. Power, Asst. Gen. Counsel, Dept. of Health and Rehabilitative Services, Tallahassee, for appellee.

PER CURIAM.

This cause is before us on appeal from an order entered by the Department of Health and Rehabilitative Services (HRS) rejecting the recommendation of the hearing officer (HO) and denying appellant a certificate of need (CON) to construct a nursing home in Palm Beach County. We reverse.

Appellant has raised three issues: (1) whether HRS's determination that appellant inappropriately amended its application is arbitrary, capricious, and not in accordance...

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