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HEALTH CARE & RET. CORP. OF AM., INC. v. DEPT. OF HLT. AND REHAB. SERVS.

Nos. 89-2344 and 89-2360.

559 So.2d 665 (1990)

HEALTH CARE AND RETIREMENT CORPORATION OF AMERICA, INC. and Cross Key Manor, Appellants, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied May 21, 1990.

Attorney(s) appearing for the Case

Alfred W. Clark, Tallahassee, for appellant Health Care and Retirement Corp. of America, Inc.

James M. Barclay of Cobb, Cole & Bell, Tallahassee, for appellant Cross Key Manor.

Richard A. Patterson, Asst. Gen. Counsel, Dept. of Health and Rehabilitative Services, for appellee.

JOANOS, Judge.

Health Care and Retirement Corporation of America, Inc. (HCR) and Cross Key Manor have appealed a final administrative order denying their applications for a certificate of need (CON) for eighteen (18) nursing home beds in Lee County. As to Cross Key Manor, we affirm without further discussion, in that the Department's denial of its application was not arbitrary and capricious. § 381.709(6), Fla. Stat. (1987). With regard to HCR, however, we reverse...

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