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ARBOR HEALTH v. ST. AG. FOR HEALTH

No. 94-1969.

654 So.2d 1020 (1995)

ARBOR HEALTH CARE COMPANY, Appellant, v. STATE of Florida, AGENCY FOR HEALTH CARE ADMINISTRATION and Manor Care of Boynton Beach, Inc. d/b/a Manor Care-Sarasota County, Appellees.

District Court of Appeal of Florida, First District.

May 16, 1995.

Attorney(s) appearing for the Case

Diane D. Tremor, P.A. and Chris H. Bentley, P.A. of Rose, Sundstrom & Bentley, Tallahassee, for appellant.

Richard A. Patterson of Agency for Health Care Admin., for appellee Agency for Health Care Admin.

James C. Hauser of Parker, Skelding, Labasky, Corry, Eastman and Hauser, P.A., Tallahassee, for appellee Manor Care of Boynton Beach, Inc., for appellees.

ALLEN, Judge.

Arbor Health Care Company (Arbor) appeals from a summary denial by the appellee Agency for Health Care Administration (the agency) of Arbor's application for a certificate of need (CON) due to Arbor's failure to disclose certain projects determined by the agency to be "capital projects" and therefore subject to disclosure pursuant to section 408.037(2)(a), Florida Statutes, and Florida Administrative Code Rule 59C-1.002(9). Concluding that Arbor's application...

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