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LAWNWOOD MED. CTR. v. AGENCY FOR HEALTH CARE

Nos. 95-2507, 95-2654.

678 So.2d 421 (1996)

LAWNWOOD MEDICAL CENTER, INC., d/b/a Lawnwood Regional Medical Center and Palm Beach Gardens Community Hospital, Inc. d/b/a AMI Palm Beach Gardens Medical Center, Appellants, v. AGENCY FOR HEALTH CARE ADMINISTRATION and Martin Memorial Medical Center, Inc., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied September 11, 1996.

Attorney(s) appearing for the Case

John Radey, Elizabeth McArthur and Jeffrey L. Frehn of Radey, Hinkle, Thomas & McArthur, Tallahassee, for appellant Lawnwood.

Michael J. Cherniga and David C. Ashburn of Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, Tallahassee, for appellant Palm Beach Gardens.

Lesley Mendelson, Senior Attorney, Agency for Health Care Administration, Tallahassee.

Michael J. Weber of Feldman, Gale & Weber, P.A., of Counsel; Byron B. Mathews, Jr. of Amundsen & Moore, Tallahassee, and Robert P. Smith and Connie C. Durrence of Hopping, Green, Sams & Smith, P.A., Tallahassee, for Martin Memorial Medical Center.

KAHN, Judge.

We have for review an award by the Agency for Health Care Administration (AHCA) of a Certificate of Need (CON) for an adult open heart surgery program in AHCA District 9 to appellee Martin Memorial Medical Center, Inc. We reverse because AHCA improperly opened the record after the administrative hearing in this case, and because it reweighed factual matters reserved for the hearing officer under Chapter 120, Florida Statutes.

District 9 is located...

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