DEPARTMENT OF HEALTH v. BAYFRONT MED. CTR.

No. 1D11-5676.

134 So.3d 1017 (2012)

DEPARTMENT OF HEALTH, Appellant, v. BAYFRONT MEDICAL CENTER, INC., Florida Health Sciences Center, Inc., d/b/a Tampa General Hospital; St. Joseph's Hospital, d/b/a St. Joseph's Hospital; Shands Jacksonville Medical Center, Inc., HCA Health Services of Florida, Inc., d/b/a Blake Medical Center and HCA Health Services, Inc., d/b/a Regional Medical Center Bayonet Point, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied January 31, 2013.


Attorney(s) appearing for the Case

Nicholas W. Romanello , General Counsel, and Kathryn L. Kasprzak , Chief Attorney, Central Florida Consortium, Florida Department of Health, Orlando, for Appellant.

Jeffrey L. Frehn and Angela Miles of Radey Thomas Yon & Clark, P.A., Tallahassee, for Appellees Bayfront Medical Center and Tampa General Hospital; Karen A. Putnal and Robert A. Weiss of Parker, Hudson, Rainer & Dobbs, LLP, Tallahassee, for Appellee St. Joseph's Hospital; Seann M. Frazier , Hope Keating and Karusha Sharpe of Greenberg Traurig, P.A., Tallahassee, for Appellee/Cross-Appellant Shands Jacksonville Medical Center; J. Stephen Menton and Stephen A. Ecenia of Rutledge, Ecenia & Purnell, P.A., Tallahassee for Appellees Blake Medical Center and Regional Medical Center Bayonet Point.


PER CURIAM.

The Florida Department of Health ("the Department") appeals from a Final Order of the Division of Administrative Hearings invalidating a rule promulgated by the Department that allocates trauma centers throughout the state of Florida. Appellee Shands Jacksonville cross-appeals the denial of its attorney fees below. We conclude that the administrative law judge correctly determined that the rule was inconsistent with the Department of Health's grant of...

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