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DELRAY MEDICAL v. AGENCY FOR HEALTH CARE

No. 4D07-3489.

5 So.3d 26 (2009)

DELRAY MEDICAL CENTER, INC., d/b/a Delray Medical Center, Appellant, v. STATE of Florida AGENCY FOR HEALTH CARE ADMINISTRATION, Bethesda Health Care System, Inc., d/b/a West Boynton Community Hospital, Wellington Regional Medical Center, Inc., d/b/a Wellington Regional Medical Center and JFK Medical Center Limited Partnership d/b/a JFK Medical Center, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 21, 2009.

Attorney(s) appearing for the Case

C. Gary Williams, John R. Beranek, and E. Dylan Rivers of Ausley & McMullen, Tallahassee, for Delray Medical Center, Inc., d/b/a Delray Medical Center.

Robert D. Newell, Jr., and David R. Terry of Newell, Terry & Douglas, P.A., Tallahassee, for Wellington Regional Medical Center, Inc., d/b/a Wellington Regional Medical Center.

Justin M. Senior, Chief Appellate Counsel, and Tracy Lee Cooper, Assistant General Counsel, Tallahassee, for State of Florida, Agency for Health Care Administration.

Marjorie Gadarian Graham of Marjorie Gadarian Graham, P.A., Palm Beach Gardens, Robert A. Weiss and Karen A. Putnal of Parker, Hudson, Rainer & Dobbs, LLP, Tallahassee, and Jonathan L. Rue of Parker, Hudson, Rainer & Dobbs, LLP, Atlanta, GA, for Bethesda Health Care System, Inc., d/b/a West Boynton Community Hospital.

PER CURIAM.

Delray Medical Center, Wellington Regional Medical Center, and JFK Medical Center appeal the Agency for Health Care Administration's grant of a Certificate of Need ("CON") application to appellee, Bethesda Healthcare System, Inc., to establish a new satellite hospital, West Boynton Community Hospital.1 We affirm and write to discuss appellants' claim that Bethesda's CON application was barred by the doctrine of res judicata...

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