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BAPTIST CONVALESCENT v. BOONESPRING TRAN.

Nos. 2010-CA-001466-MR, 2010-CA-001505-MR, 2011-CA-000049-MR, 2011-CA-000094-MR.

405 S.W.3d 498 (2012)

BAPTIST CONVALESCENT CENTER, INC., d/b/a Village Care Center, Appellant v. BOONESPRING TRANSITIONAL CARE CENTER, LLC; and Commonwealth of Kentucky, Cabinet for Health and Family Services, Office of Health Policy, Division of Certificate of Need, Appellees. and Boonespring Transitional Care Center, LLC, Cross-Appellant v. Baptist Convalescent Center, Inc., d/b/a Village Care Center; and Commonwealth of Kentucky, Cabinet for Health and Family Services, Office of Health Policy, Division of Certificate Of Need, Cross-Appellees and Boonespring Transitional Care Center, LLC, Appellant v. Baptist Convalescent Center, Inc., d/b/a Village Care Center; and Commonwealth of Kentucky, Cabinet for Health and Family Services, Office of Health Policy, Division of Certificate of Need, Appellees and Commonwealth of Kentucky, Cabinet for Health and Family Services, Office of Health Policy, Division of Certificate of Need, Cross-Appellant v. Baptist Convalescent Center, Inc., d/b/a Village Care Center; and Boonespring Transitional Care Center, LLC, Cross-Appellees.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court August 21, 2013.

Attorney(s) appearing for the Case

Matthew Klein , Mark D. Guilfoyle , Ellen M. Houston , Crestview Hills, KY, for appellant/cross-appellee Baptist Convalescent Center, Inc., d/b/a Village Care Center.

Lisa English Hinkle , Benjamin M. Fiechter , Molly Nicol Lewis , Lexington, KY, for appellee/cross-appellant Boonespring Transitional Care Center, LLC.

Ann Truitt Hunsaker , Frankfort, KY, for appellee/cross-appellee the Commonwealth of Kentucky, Cabinet for Health and Family Services, Office of Health Policy, Division of Certificate of Need.

Before DIXON, LAMBERT, and TAYLOR, Judges.

OPINION

TAYLOR, Judge:

Baptist Convalescent Center, Inc., d/b/a Village Care Center (Baptist) brings Appeal No.2010-CA-001466-MR and Boonespring Transitional Care Center, LLC (Boonespring) brings Cross-Appeal No.2010-CA-001505-MR from a July 6, 2010, Opinion and Order of the Franklin Circuit Court reversing the decision of the Commonwealth of Kentucky, Cabinet for Health and Family Services, Office of Health Policy, Division of Certificate of Need...

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