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FLORENCE SURGERY CENTER, L.P. v. EYE SURGERY CENTER OF FLORENCE, LLC

2110812.

121 So.3d 386 (2013)

FLORENCE SURGERY CENTER, L.P., d/b/a Shoals Outpatient Surgery, and SCA-Florence, LLC v. EYE SURGERY CENTER OF FLORENCE, LLC; Valley Surgery Center, L.L.C.; and Alabama State Health Planning and Development Agency.

Court of Civil Appeals of Alabama.

February 8, 2013.

Attorney(s) appearing for the Case

Dorman Walker , JoClaudia Moore , and Neah Mitchell of Balch & Bingham, LLP, Montgomery, for appellants.

David M. Hunt and Joseph W. Carlisle of Gilpin Givhan, P.C., Birmingham, for appellee Eye Surgery Center of Florence, LLC.

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

On Application for Rehearing

MOORE, Judge.

This court's opinion of November 30, 2012, is withdrawn, and the following is substituted therefor.

On November 30, 2012, this court issued an opinion reversing a decision of the Alabama State Health Planning and Development Agency's Certificate of Need Review Board ("the CONRB") concluding that Eye Surgery Center of Florence, LLC ("ESC"), was not required to obtain a new certificate of need to operate...

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