AGENCY FOR HEALTH CARE ADMINISTRATION, Lifemark Hospitals of Florida, Baptist Hospital of Miami, St. Anne's Nursing Center, St. Anne's Residence, Inc., Florida Convalescent Associates, and Cedars Healthcare Group, Ltd., Petitioners,
v.
MOUNT SINAI MEDICAL CENTER OF GREATER MIAMI, Marco Healthcare Investors, Inc., Brookwood Extended Care Center of Homestead, Beverly Enterprises-Florida, Arbor Health Care Company, Meadowbrook Healthcare Services of North Carolina, Marriott Senior Living Services, Miami Beach Healthcare Group, Ltd., and Kendall Healthcare Group, Ltd., Respondents.
District Court of Appeal of Florida, First District.https://leagle.com/images/logo.png
April 1, 1997.
April 1, 1997.
Attorney(s) appearing for the Case
Richard Patterson, Senior Attorney, Agency for Health Care Administration, Tallahassee, for petitioner AHCA.
Michael Glazer and Stephen Emmanuel, Tallahassee, for petitioner Lifemark Hospitals of Florida.
Robert A. Weiss & Karen A. Putnal of Parker, Hudson, Rainer & Dobbs, Tallahassee, Thomas D. Watry, Atlanta, GA, for petitioner Baptist Hospital of Miami.
Paul H. Amundsen of Amundsen & Moore, Tallahassee, for petitioner St. Anne's Nursing Center.
Thomas F. Panza, Jennifer Kujawa Graner and Seann M. Frazier of Panza, Maurer, Maynard & Nell, Fort Lauderdale, for intervenor, Integrated Health Services of Greenbriar, Inc., d/b/a Integrated Health Services of Greenbriar.
Gerald B. Sternstein & Frank P. Rainer of Ruden, Barnett, McClosky, Smith, Schuster & Russell, Tallahassee, for petitioner Florida Convalescent Associates.
Stephen A. Ecenia & Thomas W. Konrad of Rutledge, Ecenia, Hoffman, Underwood & Purnell, Tallahassee, for petitioner Cedars Healthcare Group.
Alfred C. Clark, Tallahassee, for respondent Health Care & Retirement Corporation of America.
David M. Maloney, Administrative Law Judge, Division of Administrative Hearings, Tallahassee, pro se, respondent.
Sharyn Smith, Director, Division of Administrative Hearings, Tallahassee, for respondent DOAH.
R. Terry Rigsby, Wendy Delvecchio & Geoffrey D. Smith of Blank, Rigsby & Meenan, Tallahassee, for respondent Mount Sinai Medical Center of Greater Miami.
Theodore E. Mack of Cobb, Cole & Bell, Tallahassee, for respondent Brookwood Extended Care Center of Homestead.
Douglas L. Mannheimer of Broad & Cassell, Tallahassee, for respondent Beverly Enterprises-Florida.
John L. Wharton, Chris H. Bentley & Diane D. Tremor of Rose, Sundstrom & Bentley, Tallahassee, for respondent Arbor Health Care Company.
Robert D. Newell, Jr., of Newell & Stahl, Tallahassee, for respondent Marriott Senior Living Services.
Stephen A. Ecenia & Thomas W. Konrad of Rutledge, Ecenia, Hoffman, Underwood & Purnell, Tallahassee, for respondents Miami Beach Healthcare Group, Ltd. and Kendall Healthcare Group, Ltd.
District Court of Appeal of Florida, First District.
PER CURIAM.
The Agency for Health Care Administration (AHCA) and certain applicants for nursing home bed certificates of need (CON) petition this court for a writ of mandamus. We elect to treat the petition as one seeking review of non-final agency action pursuant to section 120.68(1), Florida Statutes (Supp. 1996)1 and, for the reasons set forth below, grant relief.
FACTS
AHCA announced a pool of nursing home beds in...
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