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PLUMLEY v. DEPT. OF HEALTH AND HUMAN RES.

No. 33287.

655 S.E.2d 765 (2007)

Debbie PLUMLEY, Petitioner Below, Appellee v. WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES/OFFICE OF HEALTH FACILITY LICENSURE AND CERTIFICATION, Respondent Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided October 12, 2007.

Dissenting Opinion of Justice Albright December 10, 2007.

Concurring Opinion of Justice Maynard December 12, 2007.

Attorney(s) appearing for the Case

Alice Warner Shumlas, Charleston, for Appellant.

L. Victor Navy, Barboursville, for Appellee.

BENJAMIN, Justice:

In the instant matter, the Appellant, the West Virginia Department of Health and Human Resources/Office of Health Facility Licensure and Certification (hereinafter "OHFLAC"), asks this Court to reverse a June 7, 2006, order entered by the Circuit Court of Cabell County, West Virginia. In its June 7, 2006, order, the Circuit Court of Cabell County reversed a November 11, 2005, order issued by the Secretary of the West Virginia Department of Health...

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