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HOLMES REGIONAL MEDICAL CENTER v. STATE

No. 98-1718.

737 So.2d 608 (1999)

HOLMES REGIONAL MEDICAL CENTER, INC., d/b/a Holmes Regional Medical Center, Inc., Appellant, v. STATE of Florida, Agency For Health Care Administration, Appellee.

District Court of Appeal of Florida, First District.

July 19, 1999.

Attorney(s) appearing for the Case

Stephen K. Boone of Boone, Boone, Boone & Hines, Venice; and R. Terry Rigsby and Geoffrey D. Smith of Blank, Rigsby & Meenan, P.A., Tallahassee, Attorneys for Appellant.

Mark S. Thomas, Agency for Health Care Administration, Tallahassee, Attorney for Appellee.

PER CURIAM.

The issue before us is whether an applicant for a Certificate of Need can voluntarily withdraw the application after an administrative law judge preliminarily denied the application but before the agency entered its final order. We agree with the reasoning of our sister court in Middlebrooks v. St. Johns River Water Management District, 529 So.2d 1167 (Fla. 5th DCA 1988), wherein the court held that

Middlebrooks...

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