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BROOKWOOD HEALTH SERVICES v. AFFINITY HOSP.

2110160.

101 So.3d 1221 (2012)

BROOKWOOD HEALTH SERVICES, INC., d/b/a Brookwood Medical Center v. AFFINITY HOSPITAL, LLC, d/b/a Trinity Medical Center of Birmingham. Affinity Hospital, LLC, d/b/a Trinity Medical Center of Birmingham v. Brookwood Health Services, Inc., d/b/a Brookwood Medical Center.

Court of Civil Appeals of Alabama.

August 10, 2012.

Attorney(s) appearing for the Case

John T. Mooresmith , John C. Morrow , James A. Hoover , and Kelli Fleming of Burr & Forman, LLP, Birmingham; and James E. Williams of Melton, Espy & Williams, P.C., Montgomery, for appellant/cross-appellee Brookwood Health Services, Inc., d/b/a Brookwood Medical Center.

Dorman Walker of Balch & Bingham LLP, Montgomery; Ed R. Haden of Balch & Bingham LLP, Birmingham; and Carey McRae and Jennifer H. Clark of Bradley Arant Boult Cummings LLP, Birmingham, for appellee/cross-appellant Affinity Hospital, LLC, d/b/a Trinity Medical Center of Birmingham.

BRYAN, Judge.

On June 23, 2008, Brookwood Health Services, Inc., d/b/a Brookwood Medical Center ("Brookwood"), applied to the State Health Planning and Development Agency ("SHPDA") for a certificate of need ("CON") to build a freestanding emergency department ("FED"). A FED is a fully functioning emergency department separately located from its hospital. Currently, there are no FEDs in Alabama. Brookwood owns and operates a hospital located in the City of Homewood...

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