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HUMHOSCO, INC. v. DEPT. OF HEALTH & REHAB. SERVICES

No. 89-1970.

561 So.2d 388 (1990)

HUMHOSCO, INC., d/b/a Humana Hospital Brandon, Appellant, v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, St. Joseph's Hospital and Hillsborough County Hospital Authority, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied June 13, 1990.

Attorney(s) appearing for the Case

James C. Hauser of Blank, Hauser and Amundsen, P.A., Tallahassee; and Marguerite H. Davis of Katz, Kutter, Haigler, Alderman, Eaton, Davis & Marks, P.A., Tallahassee, for appellant.

Lesley Mendelson, Senior Atty. for Department of Health and Rehabilitative Services, Tallahassee, for appellee/HRS.

Elizabeth McArthur, John Radey and Harry O. Thomas of Aurell, Radey, Hinkle & Thomas, Tallahassee, for appellee/Hillsborough County Hosp. Authority.

Ivan Wood of Wood, Lucksinger & Epstein, Houston, Tex., for appellee/St. Joseph's Hosp.

SMITH, Judge.

Humhosco appeals a final order of the Department of Health and Rehabilitative Services (HRS) denying its application for a certificate of need (CON) for the construction and operation of an open heart surgery facility at one of its hospitals, Humana Hospital Brandon. HRS denied the application for two reasons: (1) the letter of intent (LOI) submitted by Humhosco, a wholly-owned subsidiary of Humana, was deficient because the board resolutions accompanying...

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