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BEVERLY ENTERPRISES-FLORIDA, INC. v. D. OF HEALTH AND REHABILITATIVE SERV.

Nos. BS-254, BS-274 and BS-322.

527 So.2d 218 (1988)

BEVERLY ENTERPRISES-FLORIDA, INC., d/b/a Beverly Gulf Coast, Inc. (Orange County), Appellant, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellee. FORUM GROUP, INC., Appellant, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellee. HILLHAVEN CONVALESCENT CENTER OF ORANGE COUNTY, Appellant, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellee.

District Court of Appeal of Florida, First District.

Rehearings Denied July 18, 1988.

Attorney(s) appearing for the Case

Stephen K. Boone and Mark A. Hanson, of Boone, Boone, Klingbell & Boone, Venice, for appellant Beverly Enterprises-Florida, Inc.

R. Terry Rigsby and Christopher R. Haughee, of Moffitt, Hart, Rigsby & Herron, Tallahassee, for appellant Forum Group, Inc.

Joseph L. Bianculli and Janice L. Hoffman, of Casson, Calligaro & Mutryn, Washington, D.C., and Alfred W. Clark, Tallahassee, for appellant Hillhaven Convalescent Center of Orange County.

R.S. Power, Asst. General Counsel, Dept. of Health & Rehabilitative Services, Tallahassee, for appellee.

ZEHMER, Judge.

We have for review consolidated appeals from an order of the Department of Health and Rehabilitative Services which denied appellants' Certificate of Need applications for 120-bed nursing home facilities in Orange County, Florida. Appellants, Beverly Enterprises, Forum Group, Inc., and Hillhaven Convalescent Center, contend that the order denying their CON applications violates the principles enunciated in Gulf Court Nursing Center v. Department...

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