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MANASOTA OSTEOPATHIC GEN. HOSP. v. STATE, DHRS

No. BQ-352.

523 So.2d 710 (1988)

MANASOTA OSTEOPATHIC GENERAL HOSPITAL, INC., Appellant, v. STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, South Sarasota Memorial Hospital Association, Inc., d/b/a Venice Hospital, Englewood Community Hospital, and Sarasota County Public Hospital Board, d/b/a Memorial Hospital, Sarasota, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied May 13, 1988.

Attorney(s) appearing for the Case

William E. Williams and Rex D. Ware of Huey, Guilday, Kuersteiner & Tucker, P.A. and Ken Davis of Davis, Judkins & Simpson, Tallahassee, for appellant.

R.S. Power, Dept. of Health and Rehabilitative Services, Tallahassee, for appellee State of Fla., Dept. of Health and Rehabilitative Services.

Harold F.X. Purnell and Kenneth F. Hoffman of Oertel & Hoffman, P.A., Tallahassee, for appellee South Sarasota Memorial Hosp. Ass'n, Inc., d/b/a Venice Hosp.

E.G. Boone and Robert T. Klingbeil, Jr. of Boone, Boone, Klingbeil & Boone, P.A., Venice, for appellee Englewood Community Hosp.

Theodore C. Eastmoore and A. Lamar Matthews of Williams, Parker, Harrison, Dietz & Getzen, Sarasota, and Robert A. Weiss of Parker, Hudson, Rainer & Dobbs, Tallahassee, for appellee Sarasota County Public Hosp. Bd., d/b/a Memorial Hosp., Sarasota.

BOOTH, Judge.

This cause is before us on appeal of a final order of the Department of Health and Rehabilitative Services (the Department), denying the application of appellant, Manasota Osteopathic General Hospital, Inc., for a certification of need (CON) to construct an osteopathic teaching hospital in the Venice area of Sarasota County. Appellant presents two issues for our consideration: (1) that the Department erred in finding that appellant would not be a true...

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