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PUBLIC HEALTH TRUST OF MIAMI-DADE CTY. v. STATE

No. 3D99-949.

751 So.2d 112 (2000)

PUBLIC HEALTH TRUST OF MIAMI-DADE COUNTY, FL, Appellant, v. STATE of Florida, AGENCY FOR HEALTH CARE ADMINISTRATION and Cleveland Clinic Florida Hospital, Appellees.

District Court of Appeal of Florida, Third District.

January 5, 2000.

Attorney(s) appearing for the Case

Robert A. Ginsburg, Miami-Dade County Attorney and Jack P. Hartog, Assistant County Attorney, for appellant.

Parker, Hudson, Rainer & Dobbs, LLP, and Robert A. Weiss, and Karen A. Putnal (Tallahassee); Richard A. Patterson (Tallahassee), for appellees.

Blank, Rigsby & Meenan, P.A. and Geoffrey D. Smith (Tallahassee) for The Florida Statutory Teaching Hospital Council, as amicus curiae.

Before JORGENSON, GERSTEN, and GREEN, JJ.

GREEN, J.

This is an appeal from a final decision of the Agency for Health Care Administration ("Agency"), which found that the Public Health Trust of Miami-Dade County, Florida ("Health Trust"), lacked standing to appeal the Agency's preliminary award of a certificate of need ("CON") to the Cleveland Clinic Florida Hospital ("Cleveland Clinic"), for a kidney transplant program. We affirm for the reasons which follow.

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