STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS

AVENTURA HOSPITAL AND MEDICAL ) CENTER, COLUMBIA REGIONAL ) MEDICAL CENTER AT BAYONET POINT, )

L.W. BLAKE HOSPITAL, ENGLEWOOD ) COMMUNITY HOSPITAL, FAWCETT )

MEMORIAL HOSPITAL, KENDALL )

REGIONAL MEDICAL CENTER, ) COLUMBIA PARK MEDICAL CENTER, ) MIAMI HEART INSTITUTE, NEW PORT ) RICHEY HOSPITAL, OAK HILL )

HOSPITAL, OSCEOLA REGIONAL ) HOSPITAL, MEDICAL CENTER OF ) PORT ST. LUCIE, PUTNAM COMMUNITY ) HOSPITAL, and SOUTHWEST FLORIDA ) REGIONAL MEDICAL CENTER, )

)

Petitioners, )

)

vs. ) Case No. 97-2151F

)

AGENCY FOR HEALTH )

CARE ADMINISTRATION, )

)

Respondent, )

)

and )

)

CITIZENS OF THE STATE OF )

FLORIDA; ORLANDO REGIONAL ) HEALTHCARE SYSTEM, INC.; FLORIDA ) HOSPITAL ASSOCIATION, INC.; ) FLORIDA LEAGUE OF HOSPITALS and ) ASSOCIATION OF COMMUNITY ) HOSPITALS AND HEALTH SYSTEMS OF ) FLORIDA, INC. )

)

Intervenors. )

)

FINAL ORDER ON FEES AND COSTS

SUPPLEMENTAL TO FINAL ORDER IN DIVISION OF ADMINISTRATIVE HEARINGS CASE NO. 96-1418RU, et al.

Pursuant to notice, the Division of Administrative Hearings, by its designated Administrative Law Judge, Don W. Davis, conducted a formal hearing in the above-styled case on August 1, 1997, in Tallahassee, Florida.

APPEARANCES

For Petitioners, Aventura Hospital and Medical Center, Columbia Regional Medical Center at Bayonet Point, L. W. Blake Hospital, Englewood Community Hospital, Fawcett Memorial Hospital, Kendall Regional Medical Center, Columbia Park Medical Center, Miami Heart Institute, New Port Richey Hospital, Oak Hill Hospital, Osceola Regional Hospital, Medical Center of Port St. Lucie, Putnam Community Hospital, Southwest Florida Regional Medical Center, and Intervenors, Florida Hospital Association, Florida League of Hospitals, and Shands Teaching Hospitals and Clinics, Inc.:

Chris Bentley, Esquire Rose, Sundstrom and Bentley 2548 Blairstone Pines Drive Tallahassee, Florida 32301

For Petitioners, Tenet Healthsystem Hospitals, Inc., d/b/a West Boca Medical Center; Tenet Healthsystem Hospitals, Inc., d/b/a Independent Home Health Services; Morton Plant Hospital Association, Inc., d/b/a Morton Plant Hospital and Morton Plant Hospital Association, Inc., d/b/a Independent Home Health Services:

Michael J. Glazer, Esquire Ausley and McMullen

227 South Calhoun Street Tallahassee, Florida 32301

For Intervenor Association of Voluntary Hospitals: Wendy Delvecchio, Esquire

Blank, Rigsby and Meehan

204 South Monroe Street Tallahassee, Florida 32301

For Respondent Agency for Health Care Administration: John F. Gilroy, Esquire

Agency for Health Care Administration 2727 Mahan Drive, Suite 3431

Tallahassee, Florida 32308-5403

For Intervenor Citizens of the State of Florida:

Stephen M. Presnell, Esquire Office of Public Counsel

111 West Madison Street, Room 812 Tallahassee, Florida 32399-1400

STATEMENT OF THE ISSUES

The amount of attorneys fees and costs, if any, that should be awarded Petitioners pursuant to the Final Order issued on March 4, 1997, in Division of Administrative Hearings Case No. 96-1418RU, et al., finding Petitioners entitled to attorneys fees and costs pursuant to the provisions of Section 120.595, Florida Statutes (Supp. 1996) and retaining jurisdiction to determine the "reasonable amounts" of such fees and costs

PRELIMINARY STATEMENT

In this case nine Petitions were consolidated for final hearing. The first Petition was filed March 20, 1996 and the last was filed June 21, 1996. All of these Petitions were based on the then-existing Sections 120.535 and 120.56, Florida Statutes (1995).

Final hearing upon the consolidated Petitions was held October 29-November 6, 1996, pursuant to provisions of the Administrative Procedures Act (APA), Chapter 120, Florida Statutes, as amended by Chapter 96-159, Laws of Florida. The amendments were effective October 1, 1996.

A Final Order was issued on March 4, 1997, in Division of Administrative Hearings Case No. 96-1418RU, et al., finding Petitioners entitled to attorneys fees and costs pursuant to the provisions of Section 120.595, Florida Statutes (Supp. 1996) and

retaining jurisdiction to determine the "reasonable amounts" of such fees and costs.

Thereafter, the District Court of Appeal, First District of the State of Florida, by order issued July 10, 1997, determined that the attorney fee issue in the above-styled cause should be included for appellate consideration within those pending appeals to the Final Order. Specifically, the Court’s order established that the previously issued Final Order "is not final with regard to the attorney fee issue." The Court’s order further contemplates that "appellant shall file with this court a copy of the lower tribunal order which determines the amount of attorney’s fees, which the court shall consider as a supplement to the record on appeal."

By order dated July 16, 1997, the parties were informed that final hearing in this case would consider the issue of entitlement to fees and costs, in addition to the amount of any awards for such fees and costs.

Final hearing was conducted on August 1, 1997. No transcript of the final hearing was provided, the parties having waived the right to file proposed findings of fact in view of their joint stipulation regarding all applicable factual issues.

FINDINGS OF FACT

1. By Joint Prehearing Stipulation and without waiving objections to applicability of Section 120.595, Florida Statutes, the Agency For Health Care Administration (AHCA), has stipulated

   with all parties as to the "reasonable amounts" of requested fees and costs to be awarded Petitioners in the event that such an award is determined to be applicable. All parties have also stipulated to the lack of liability of Intervenor Citizens of the State of Florida for payment of any award of fees and costs in this proceeding. That stipulation in its entirety is incorporated by this reference within these findings of fact and attached to this Final Order as Exhibit "A."

2. The amendments to Chapter 120, Florida Statutes, were adopted as part of a major rewrite of the APA. See, Chapter 96-159, Laws of Florida. The amendments were effective

   October 1, 1996, and were effective prior to the hearing related to the rule challenge cases. All parties requesting attorneys’ fees and costs rely upon Section 120.595(4), Florida Statutes (Supp. 1996) as authority for an award of fees.

3. Provisions of Section 120.595(4), Florida Statutes (Supp. 1996), are applicable to the facts of this case. See, Final Order issued on March 4, 1997, in Division of Administrative Hearings Case No. 96-1418RU, et al.

   CONCLUSIONS OF LAW

   
   

4. The Division of Administrative Hearings has jurisdiction over the subject matter of this proceeding, and the parties thereto, pursuant to Subsection 120.57(1), and Subsection 120.595(4), Florida Statutes (Supp. 1996).

5. The 1996 amendments to the APA did not specifically indicate which provisions should be applied retroactively. In Lifecare Centers of America, Inc. v. Sawgrass Care Centers, Inc., 683 So. 2d 609 (Fla. 1st DCA 1996), the First District Court of Appeal held that the "procedural" provisions of the 1996 amendments to the APA were applicable to pending administrative proceedings. However, the courts have consistently found that statutory amendments imposing or increasing an obligation for attorney's fees are substantive in nature. See L. Ross, Inc. v. R.W. Roberts Construction Co., Inc., 481 So. 2d 484 (Fla. 1986) affirming L. Ross, Inc. v. R. Roberts Construction Co., Inc., 466 So. 2d 1096 (Fla. 5th DCA 1985). As noted by the Florida Supreme Court in Young v. Altenhaus, 472 So. 2d 1152 (Fla. 1985):

   In Florida, it is clear that in the absence of an explicit legislative expression to the contrary, a substantive law is to be construed as having a prospective effect only [citations omitted] . . . the American Rule adopted in Florida requires each side to pay its own attorney's fee unless directed otherwise by a statute or an agreement between the parties. Given this rule of law, we find that a statutory requirement for the non-prevailing party to pay attorney fees constitutes "a new obligation or duty," and is therefore substantive in nature. [citations omitted] . . . When these causes of action accrued, neither party was statutorily responsible for the opposing party's attorney's fees nor entitled to such an award. . . . Accordingly, we quash the portions of the opinions of the district courts of appeal in the instant cases holding that attorney fees may be awarded to the prevailing parties. . . .

   Id. at 1154.

6. Accordingly, the preliminary question which must be answered is when did the cause of action upon which Petitioners seek fees and costs in this proceeding accrue? Petitioners initially challenged existing rule provisions of AHCA and unpromulgated polices which Petitioners claimed were rules. With regard to the existing rules that were challenged, it is clear that agency action had been taken and rights determined prior to the Final Hearing. Consequently, the application of the holding in Altenhaus would dictate that Petitioners entitlement to fees and costs with regard to that portion of their challenge is unavailable. However, Petitioners do not seek to recover on that portion of their challenge. In accord with the parties’ joint stipulation, costs and fees are sought solely with regard to the challenge to ACHA’s unpromulgated policies that were determined, post October 1, 1996, to be rules effecting substantial interest. See, Exhibit A.

7. Under both new and previous provisions of the APA, agencies acted at peril of payment of fees and costs in the utilization of non-rule policies as statements of general applicability. See, Section 120.535, Florida Statutes (1995) and Section 120.595(4), Florida Statutes (Supp. 1996).

8. Substantive rights do not necessarily vest at the same time in an administrative proceeding to challenge an agency’s non-rule policy as would be the case in a civil action. Until all the evidence is received, a petitioner, in a challenge to an

   agency’s non-rule policy, has not made its prima facie case that such an illegal rule exists; nor has the agency failed to refute the presumption that rulemaking is feasible and practicable. In analogous situations, it is well established that when an agency makes a final decision to issue or not issue a license, an applicant’s substantive rights vest and the cause of action accrues. See, Lavernia v. Dept. of Professional Regulation, 616 So. 2d 53 (Fla. 1st DCA 1993). Similarly, Petitioners’ substantive right to relief in regard to their challenge to AHCA’s use of non-rule policy vested only upon the determination that such a wrong existed.

9. A ruling, however, that Petitioners right to attorney’s fees accrued only upon conclusion of the administrative hearing process would render meaningless provisions of Section 120.595(4), Florida Statutes, which read as follows:

   1. CHALLENGES TO AGENCY ACTION PURSUANT TO SECTION 120.56(4).

      1. Upon entry of a final order that all or part of an agency statement violates s. 120.54(1)(a), the administrative law judge shall award reasonable costs and reasonable attorney's fees to the petitioner.

      2. Notwithstanding the provisions of chapter 284, an award shall be paid from the budget entity of the secretary, executive director, or equivalent administrative officer of the agency, and the agency shall not be entitled to payment of an award or reimbursement for payment of an award under any provision of law.

10. The plain meaning and intent of Section 120.595(4), Florida Statutes, which became effective October 1, 1996, establishes entitlement thereafter to fees and costs for challengers to an agency’s illegal non-rule policy. Notably,

    such policies constitute continuing wrongs which permit challenge on each day that such a practice exists.

11. Accordingly, Petitioners’ are clearly entitled to recovery of those attorney fees and costs dating from October 1, 1996, the effective date of Section 120.595(4), Florida Statutes, which were incurred by them in Division of Administrative Hearings Case No. 96-1418RU, et al.

ORDERED

Petitioners are awarded the sum total of $309,509 as reasonable amounts of attorneys fees and costs in accordance with and as more fully set forth in provisions of Exhibit "A."

DONE AND ORDERED this 5th day of August, 1997, in Tallahassee, Leon County, Florida.

DON W. DAVIS

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(904) 488-9675 SUNCOM 278-9675

Fax Filing (904) 921-6847

Filed with the Clerk of the Division of Administrative Hearings this 5th day of August, 1997.

COPIES FURNISHED:

John F. Gilroy, Esquire

Agency for Health Care Administration 2727 Mahan Drive

Tallahassee, Florida 32308-5403

Stephen M. Presnell, Esquire Office of Public Counsel

111 West Madison Street, Room 812 Tallahassee, Florida 32399

Michael J. Glazer, Esquire Ausley and McMullen

Post Office Box 391 Tallahassee, Florida 32302

Steven T. Mindlin, Esquire Rose, Sundstrom and Bentley 2548 Blairstone Pines Drive Tallahassee, Florida 32301

R. Terry Rigsby, Esquire

F. Phillip Blank, Esquire Blank, Rigsby and Meenan, P.A.

204 South Monroe Street Tallahassee, Florida 32301

James Barclay, Esquire Cobb, Cole and Bell

131 North Gadsden Street Tallahassee, Florida 32301

R. Sam Power, Agency Clerk

Agency for Health Care Administration 2727 Mahan Drive, Suite 3431

Tallahassee, Florida 32308-5403

Jerome W. Hoffman, Esquire

Agency for Health Care Administration 2727 Mahan Drive

Tallahassee, Florida 32308-5403

Douglas M. Cook, Director

Agency for Health Care Administration 2727 Mahan Drive

Tallahassee, Florida 32308-5403

NOTICE OF RIGHT TO APPEAL

A party who is adversely affected by this Final Order is entitled to judicial review pursuant to Section 120.68, Florida Statutes. Review proceedings are governed by the Florida Rules of Appellate Procedure. Such proceedings are commenced by filing one copy of the notice of appeal with the Agency Clerk of the Division of Administrative Hearings and a second copy, accompanied by filing

fees prescribed by law, with the District Court of Appeal, First District, or with the District Court of Appeal in the Appellate District where the party resides. The notice of appeal must be filed within 30 days of rendition of the order to be reviewed.

EXHIBIT A STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

AVENTURA HOSPITAL AND MEDICAL CENTER, COLUMBIA REGIONAL MEDICAL CENTER AT BAYONET POINT, L.W. BLAKE HOSPITAL, ENGLEWOOD COMMUNITY HOSPITAL, FAWCETT MEMORIAL HOSPITAL, KENDALL REGIONAL MEDICAL CENTER, COLUMBIA PARK MEDICAL CENTER, MIAMI HEART INSTITUTE, NEW PORT RICHEY HOSPITAL, OAK HILL HOSPITAL, OSCEOLA REGIONAL HOSPITAL, MEDICAL CENTER OF PORT ST.

LUCIE, PUTNAM COMMUNITY HOSPITAL, and SOUTHWEST FLORIDA REGIONAL MEDICAL CENTER,

Petitioners,

vs. Case No. 97-2151F

STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION,

Respondent,

and

CITIZENS OF THE STATE OF FLORIDA, ORLANDO REGIONAL HEALTHCARE SYSTEM, INC., FLORIDA HOSPITAL ASSOCIATION, FLORIDA LEAGUE OF HOSPITALS and ASSOCIATION OF COMMUNITY HOSPITALS AND HEALTH SYSTEMS OF FLORIDA, INC.

Intervenors.

/

JOINT PREHEARING STIPULATION

This Stipulation is entered into by and on behalf of the following parties:

FOR: AVENTURA HOSPITAL AND MEDICAL CENTER, COLUMBIA REGIONAL MEDICAL CENTER AT BAYONET POINT, L.W.BLAKE HOSPITAL, ENGLEWOOD COMMUNITY HOSPITAL, FAWCETT MEMORIAL HOSPITAL, KENDALL REGIONAL MEDICAL CENTER, COLUMBIA PARK MEDICAL CENTER, MIAMI HEART INSTITUTE, NEW PORT RICHEY HOSPITAL, OAK HILL HOSPITAL, OSCEOLA REGIONAL HOSPITAL,MEDICAL CENTER OF PORT ST. LUCIE, PUTNAM

COMMUNITY HOSPITAL,SOUTHWEST FLORIDA REGIONAL MEDICAL CENTER, FLORIDA HOSPITAL ASSOCIATION, FLORIDA LEAGUE OF HOSPITALS, SHANDS TEACHING HOSPITALS AND CLINICS, INC. D/B/A SHANDS TEACHING HOSPITAL, SHANDS TEACHING HOSPITALS AND CLINICS, INC. D/B/A SHANDS HOMECARE:

Chris Bentley, P.A. Steven T. Mindlin, P.A. Rose, Sundstrom & Bentley

2548 Blairstone Pines Drive Tallahassee, Florida 32301

FOR: TENET HEALTHSYSTEM HOSPITALS, INC. d/lo/a WEST BOCA MEDICAL CENTER, TENET HEALTHSYSTEM HOSPITALS, INC. d/lo/a INDEPENDENT HOME HEALTH SERVICES, MORTON PLANT HOSPITAL ASSOCIATION, INC. d/lo/a MORTON PLANT HOSPITAL and MORTON PLANT HOSPITAL ASSOCIATION, INC. d/lo/a INDEPENDENT HOME HEALTH SERVICES:

C. Gary Williams Michael J. Glazer Ausley & McMullen Post Office Box 391

227 South Calhoun Street Tallahassee, Florida 32302

FOR: ASSOCIATION OF COMMUNITY HOSPITALS AND HEALTH SYSTEMS OF FLORIDA, INC.:

R. Terry Rigsby Wendy Delvecchio

Blank, Rigsby & Meenan

204 South Monroe Street Tallahassee, Florida 32301

FOR: STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION:

John Gilroy

Agency for Health Care Administration Fort Knox Executive Center

2728 Mahan Drive, Room 3403 A & B Tallahassee, Florida 32308

FOR: CITIZENS OF THE STATE OF FLORIDA:

Stephen M. Presnell Associate

Public Counsel Office of Public Counsel

111 West Madison Street, Room 812 Tallahassee, Florida

The parties hereto acknowledge that they are the only parties that presently have issues before the Administrative Law Judge with regard to the liability for and amount of attorneys fees and costs to be awarded following the Final Order in the case of Aventura Hospital and Medical Center et al. v. Agency for Health Care Administration, DOAH Case Nos. 96-1418RU, et al. The parties hereto believe and intend that this Stipulation will resolve all factual issues that remain for resolution in this proceeding subject to ruling on the legal issues identified further below.

FACTUAL STIPULATIONS

1. In the Final Order in Case No. 96-1418RU, et al., the Administrative Law Judge found, inter alla, that Petitioners were entitled to attorneys fees and costs pursuant to the provisions of Section 120.595, Florida Statutes (1996 Supp.) and that jurisdiction was retained to determine the "reasonable amounts" of such fees and costs.

   
   

2. As set forth further in the Agency's June 26, 1997 Motion for Reconsideration or Clarification, it is the position of the Agency and the Office of Public Counsel that Section 120.595, Florida Statutes (1996 Supp.) is not applicable and that the Agency is not liable for any attorneys fees and costs. The other parties hereto dispute that position.

   
   

3. Notwithstanding the foregoing, the parties hereto have stipulated as to what constitutes "reasonable amounts" of attorneys fees and costs to be awarded in the event it is ultimately concluded that an award is appropriate. The amounts set forth below are for all portions of the litigation in both Case No. 961418RU et al. and the above-styled cause. Such amounts do not include any attorneys fees or costs for the appeal in either case.

4. The parties hereto further recognize that one potential resolution of the issues raised in the Agency's Motion for Reconsideration or Clarification may be that attorneys fees and costs could be awarded for legal services rendered and costs incurred beginning on October 1, 1996, which is the effective date of the revisions to Chapter 120, Florida Statutes (1996 Supp.). This Stipulation is not intended by any party hereto to advance any argument or position on that issue. However, recognizing that such result is a possible outcome of these proceedings, the parties have reached an agreement as to the "reasonable amounts" of attorneys fees and costs to be awarded in the period prior to and beginning on and subsequent to October 1, 1996. Those amounts are included in the chart below.

   
   

5. Subject to the foregoing, the parties hereto stipulate and agree that the following amounts of attorneys fees and costs incurred with regard to the litigation in Case No. 96-1418RU are reasonable and appropriate without further proof:

   ITEM | AMOUNT | AMOUNT | TOTAL

   | INCURRED PRIOR | INCURRED |

   | TO 10/1/96 | BEGINNING AND |

   | | SUBSEQUENT TO |

   | | 10/1/96 |

   
   

   Attorneys fees for the law firm of Ausley	| | |	$82,500	| | |	$82,500	| | |	$165,000
   & McMullen (including certain taxable costs)	| | | |		| | | |		| | | |
   Attorneys fees for the law firm of Rose, Sundstrom & Bentley	| | | | |	$108,020	| | | | |	$111,980	| | | | |	$220,000
   Attorneys fees for the law firm of Blank, Rigsby & Meenan	| | | | |	$19,270	| | | | |	$24,730	| | | | |	$44,000

   
   

   Expert witness fees for Healthcare Financial	| | | |	$115,440	| | | |	$69,560	| | | |	$185,000
   Group (Sarah	|		|		|
   Fitzgerald)	|		|		|
   Costs	|	$16,547	|	$20,739	|	$37,286
   (includes	|		|		|
   other expert	|		|		|
   witness fees,	|		|		|
   copying,	|		|		|
   deposition	|		|		|
   fees,	|		|		|
   transcript	|		|		|
   fees, etc.)	|		|		|
   TOTALS	|	$341,777	|	$309,509	|	$651,286

   
   

6. By entering into this Stipulation as to "reasonable amounts" of attorneys fees and costs, the parties hereto acknowledge and agree that such Stipulation does not constitute an admission by the Agency or the Office of Public Counsel as to the entitlement of any party to the recovery of attorneys fees or costs for all or any portion of either Case No. 96-1418RU et al. or this proceeding.

   
   

7. The parties agree that Citizens of the State of Florida are not liable for the payment of attorneys fees or costs pursuant to Section 120.595, Florida Statutes (1996 Supp.).

   
   

8. The parties seeking to recover attorneys fees and costs agree that they are not pursuing such recovery pursuant to the provisions of Section 120.595(3), Florida Statutes (1996 Supp.) and, therefore, the criteria for the award of fees under said subsection are not addressed by the parties.

REMAINING ISSUES OF FACT

None.

REMAINING ISSUES OF LAW AND PENDING MOTIONS

Agency's Motion for Reconsideration or Clarification of NonFinal Order Establishing Entitlement to Attorneys Fees and Costs and the responses thereto.

LENGTH OF TIME FOR HEARING

Two hours. No evidentiary hearing will be required based on this Stipulation. The parties would request that time be set aside to hear argument on the pending motion.

DATED this 21st day of July, 1997.

Chris Bentley C. Gary Williams

Steven T. Mindlin, P.A. Michael J. Glazer

Rose, Sundstrom & Bentley Ausley & McMullen 2548 Blairstone Pines Drive Post Office Box 391 Tallahassee, Florida 32301 227 South Calhoun St.

Tallahassee, Florida 32301

R. Terry Rigby John Gilroy

Wendy Delvecchio Agency for Health Care Blank, Rigsby & Meenan Administration

204 South Monroe Street Fort Knox Executive Center

Tallahassee, Florida 32301 2728 Mahan Drive Room 3403 A & B

Tallahassee, Florida 32308

Stephen M. Presnell Associate Public Counsel Office of Public Counsel

111 W. Madison St., Rm. 812 Tallahassee, Florida 32301

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on this 21st day of July, 1997, the original and one copy of the foregoing have been furnished by hand delivery to Honorable Don W. Davis, Administrative Law Judge, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32302 and copies have been furnished to the following by U.S. Mail:

John Gilroy

Agency for Health Care Administration Fort Knox Executive Center

2728 Mahan Drive, Room 3403 A & B Tallahassee, Florida 32308

Steven T. Mindlin, P.A. Rose, Sundstrom & Bentley 2548 Blairstone Pines Drive Tallahassee, Florida 32301

Stephen M. Presnell Associate Public Counsel Office of Public Counsel

111 West Madison Street, Room 812 Tallahassee, Florida

R. Terry Rigsby Blank, Rigsby & Meenan

204 South Monroe Street Tallahassee, Florida 32301

James M. Barclay Cobb, Cole & Bell

131 North Gadeden Street Tallahassee, Florida 32301

Docket for Case No: 97-002151F

Orders for Case No: 97-002151F