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BROOKWOOD HLTH. SERV. v. BAPTIST HLTH. SYS.

2031014 and 2031015.

936 So.2d 529 (2005)

BROOKWOOD HEALTH SERVICES, INC., d/b/a Brookwood Medical Center v. BAPTIST HEALTH SYSTEM, INC., d/b/a Shelby Baptist Medical Center. Alabama State Health Planning and Development Agency v. Baptist Health System, Inc., d/b/a Shelby Baptist Medical Center.

Court of Civil Appeals of Alabama.

Rehearing Denied November 18, 2005.

Attorney(s) appearing for the Case

John T. Mooresmith, John C. Morrow, and F.A. Flowers III of Burr & Forman, LLP, Birmingham, for appellant Brookwood Health Services, Inc., d/b/a Brookwood Medical Center.

Mark D. Wilkerson and Dana H. Billingsley of Wilkerson & Bryan, P.C., Montgomery, for appellant State Health Planning and Development Agency.

M. Ann Huckstep and Laurence J. McDuff of Adams & Reese/Lange Simpson, LLP, Birmingham; Fournier J. Gale III and Stephen W. Still of Maynard, Cooper & Gale, P.C., Birmingham; Frank C. Ellis, Jr., of Wallace, Ellis, Fowler & Head, Columbiana; and Hewitt L. Conwill of Conwill & Justice, Columbiana, for appellee.

PITTMAN, Judge.

This appeal concerns the propriety of an administrative order denying authority to a hospital to operate a cardiac-surgery center.

On August 28, 2000, Baptist Health System, Inc. ("Baptist"), which operates Shelby Baptist Medical Center ("Shelby Baptist") in Alabaster, filed an application with Alabama's State Health Planning and Development Agency ("SHPDA") seeking a Certificate of Need ("CON") permitting Baptist to offer therapeutic cardiac...

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