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ST. JOSEPH'S HOSP. v. DHRS

No. 87-2122.

536 So.2d 346 (1988)

ST. JOSEPH'S HOSPITAL, Appellant, v. Department of Health and Rehabilitative Services, Humana of Florida, D/B/a Tampa Women's Hospital, University Community Hospital, Tampa General Hospital, and Ami Town & County Medical Center, Appellees.

District Court of Appeal of Florida, First District.

December 21, 1988.

Attorney(s) appearing for the Case

Herbert T. Schwartz, Houston, Tex., and Judith S. Marbe, Tallahassee, of Wood, Lucksinger & Epstein, for appellant.

Theodore E. Mack, Asst. Gen. Counsel, HRS, for appellee HRS.

James C. Hauser and Joy Heath Thomas, of Messer, Vickers, Caparello, French & Madsen, Tallahassee, for appellee Humana.

Cynthia S. Tunnicliff, of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, Tallahassee, for appellee University Community Hosp.

John Radey and Elizabeth McArthur, of Aurell, Fons, Radey & Hinkle, Tallahassee, for appellee Tampa General Hosp.

William L. Hyde and Michael Cherniga, of Roberts, Baggett, LaFace & Richard, Tallahassee, for appellee Town & County Medical Center.

WENTWORTH, Judge.

Appellant seeks review of a Department of Health and Rehabilitative Services final order denying its application for a certificate of need (CON) for the transfer of 100 acute care beds to a proposed new satellite hospital. Appellant contends the proposed project is consistent with all statutory and rule criteria, and urges a lack of evidentiary support for the hearing officer's conclusion, adopted by the final order, that the project does not meet...

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