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LEE MEMORIAL HEALTH v. AGENCY FOR HEALTH

No. 1D05-2497.

910 So.2d 892 (2005)

LEE MEMORIAL HEALTH SYSTEM; Cape Memorial Hospital, Inc.; Healthpark Care Center Inc.; Lee Memorial Rehabilitation Hospital; and Cypress Cove at Healthpark Florida, Inc., Petitioners, v. STATE of Florida, AGENCY FOR HEALTH CARE ADMINISTRATION; and Select Specialty Hospital-Lee, Inc., Respondents.

District Court of Appeal of Florida, First District.

September 2, 2005.

Attorney(s) appearing for the Case

W. David Watkins, and Karl David Acuff of Watkins & Caleen, P.A., Tallahassee, for petitioners.

Mark A. Emanuele of Panza, Maurer & Maynard, P.A., Fort Lauderdale, for respondent Select Specialty Hospital.

PER CURIAM.

Petitioners seek review of an order denying their motion to disqualify an administrative law judge (ALJ). They also seek certiorari review of an order denying their motion to vacate the recommended order. We grant both petitions.

Respondent, Select Specialty Hospital (Select), submitted an application for a certificate of need to construct a new hospital. When the Agency for Health Care Administration (agency) denied the application, Select challenged...

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