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JOHN A. McCOY FLORIDA SNF TRUST v. STATE, DHRS

No. 91-273.

589 So.2d 351 (1991)

JOHN A. McCOY FLORIDA SNF TRUST, Appellant, v. STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied December 17, 1991.

Attorney(s) appearing for the Case

F. Philip Blank, R. Terry Rigsby and William D. Anderson of F. Philip Blank, P.A., Tallahassee, for appellant.

Edward G. Labrador of the Dept. of Health and Rehabilitative Services, Tallahassee, for appellee.

ALLEN, Judge.

The appellant John A. McCoy Florida SNF Trust (McCoy Trust) challenges the authority of the appellee Department of Health and Rehabilitative Services (HRS) to enter a final order after a petition for administrative review was voluntarily dismissed. We find that HRS' review jurisdiction was terminated by the voluntary dismissal, so as to preclude the subsequent entry of the appealed order.

The McCoy Trust applied for a certificate of need (CON...

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