a STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION 070 [4 SOUTH BROWARD HOSPITAL DISTRICT, d/b/a MEMORIAL HOSPITAL WEST, Petitioner, VS. Case No. 01-0350 CON 9393 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, a rt Respondent, and COLUMBIA HOSPITAL CORPORATION OF SOUTH BROWARD, d/b/a WESTSIDE REGIONAL MEDICAL CENTER AND FMC HOSPITAL, LTD., d/b/a FLORIDA MEDICAL CENTER FINAL ORDER THIS CAUSE CAME before me for the purpose of issuing a final agency order, upon an order of Administrative Law Judge Eleanor Hunter, attached hereto, dismissing the case, it appearing from the Petitioner’s Notice of Voluntary Dismissal, attached hereto, that there are no disputed issues of fact. . FINDINGS OF FACT 1. On October 4, 2001, Petitioner filed its Notice of Voluntary Dismissal. On October 8, 2001, Administrative Law Judge Hunter entered the Order Closing File. 2. The Agency hereby adopts and incorporates by reference the attached Notice of Voluntary Dismissal and Order Closing File. 3. There are no remaining disputed issues of fact or law. RT reso = mre wee SERRE TR RE CRIT CR me ORE RRR RRR CE Op: ope oes CONCLUSIONS OF LAW The Agency for Health Care Administration has jurisdiction over the parties and subject matter pursuant to Sections 120.569 and 120.57, Fla. Stat. (2001). Based on the foregoing, IT IS ADJUDGED THAT: South Broward’s petition challenging the denial of Certificate of Need (CON) Application Number 9393 to construct an adult open-heart surgery program in Broward County at Memorial Hospital West, AHCA District 11 is di isse DONE and ORDERED this Wi day ere Lie wn in Tallahassee, Florida. hee Ditch io Rhonda M, Medows, MD, Secretary Agen t Health Care Administrati A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW WHICH SHALL BE INSTITUTED BY FILING ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A SECOND COPY, ALONG WITH THE FILING FEES AS PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE AGENCY MAINTAINS ITS HEADQUARTERS OR WHERE A PARTY RESIDES. REVIEW PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE WITH THE ' FLORIDA RULES OR APPELLATE PROCEDURE. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. Copies furnished to: Stephen A. Ecenia, Esq. Rutledge, Ecenia, Purnell & Hoffman, P.A. 215 South Monroe Street, Suite 420 P.O. Box 551 Tallahassee, Florida 32302-0551 serps or So ep ome SPER RR FT ET RRR IE PRR TE RR TT oa Geoffrey D. Smith, Esq. Blank, Meenan & Smith, P.A. 204 South Monroe Street P.O. Box 11068 Tallahassee, Florida 32302-3068 C. Gary Williams, Esq. Ausley & McMullen 227 South Calhoun Street P.O. Box 391 Tallahassee, Florida 32302 John F. Gilroy Senior Counsel Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308-5403 Eleanor M. Hunter Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 CON Office CERTIFICATE OF SERVICE THEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail, this | 4 day Ptecceubec , 2001, to the above-named people. JFG/sr coe ~~ Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 (850) 922-5873 SECS OST are greener SPREE eT nee oe gee cee STATE OF FLORIDA pe fe ; DIVISION OF ADMINISTRATIVE HEARINGS ' SOUTH BROWARD HOSPITAL DISTRICT, d/b/a MEMORIAL HOSPITAL WEST, Petitioner, vs. DOAH Case No. 01-0350 CON Action No. 9393 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, COLUMBIA HOSPITAL CORPORATION OF SOUTH BROWARD, d/b/a/ WESTSIDE REGIONAL MEDICAL CENTER AND FMC HOSPITAL, LTD., d/b/a FLORIDA MEDICAL CENTER, / NOTICE OF VOLUNTARY DISMISSAL — Petitioner, South Broward Hospital District d/b/a Memorial Hospital West, by and through its undersigned counsel, hereby voluntarily dismisses its Petition for Informal Administrative Proceedings in the above-styled cause. Respectfully submitted this hha day of October, 2001. Florida Bar ID No. 0499250 STEVEN E. OOLE Florida Bar ID No. 0314640 Blank, Meenan & Smith P.A. 204 South Monroe Street Tallahassee, Florida 32301 (850) 681-6710 Telephone (850).681-1003 Facsimile ATTORNEY FOR PETITIONER SOUTH BROWARD HOSPITAL .. DISTRICT vere r FT pre gge eree mney rae ne oe a CERTIFICATE OF SERVICE I HEREBY CERTIF Y that a true and correct copy of the foregoing Notice of Voluntary John Gilroy, Esq. Agency for Health Care Administration 2727 Mahan Drive, Suite 3431 Fort Knox Building III Tallahassee, Florida 32308 Michael J. Glazer, Esq. C. Gary Williams, Esq. Ausley & McMullen 227 S. Calhoun Street Post Office Box 391 Tallahassee, Florida 32302-0391 Stephen A. Ecenia, Esq. R. David Prescott, Esq. Thomas W. Konrad, Esq. Rutledge, Ecenia, Purnell & Hoffman, P.A. ~ 215 South Monroe Street, Suite 420 Post Office Box 551 Tallahassee, Florida 32302-0551 HAACTIVE CLIENT FILES\04800 SBHD\48.91 Open Con 9393\Pleadings\NVD.doc ~—_— Dismissal has been furnished by Hand Delivery this Y , day of October, 2001 to: alk saline. aie a A ae aan ae ere Ta Pos STATE OF FLORIDA aa = DIVISION OF ADMINISTRATIVE HEAR} GS : SOUTH BROWARD HOSPITAL DISTRICT, d/b/a MEMORIAL HOSPITAL WEST, Petitioner, vs. Case No. 01-03S50CON AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, and COLUMBIA HOSPITAL CORPORATION OF SOUTH BROWARD, d/b/a WESTSIDE REGIONAL MEDICAL RECEIVED wee SS SS HS YS HS Se eS YS DSSS LS LS LL Lig CENTER and FMC HOSPITAL, LTD., @/b/a FLORIDA MEDICAL CENTER, GENERAL COUNSEL Intervenors . ocr 0 9 2001 Agency for Health Administration ORDER CLOSING FILE This cause having come before the undersigned on a Notice of Voluntary Dismissal, filed October 4, 2001, and the undersigned being fully advised, it is, therefore, ORDERED. that: 1. The final hearing in this cause scheduled for November 5 through 9 and 13 through 16, 2001, is hereby cancelled. 2. The file of the Division of Administrative Hearings in the above-captioned matter is hereby closed. TR RENEE ESTO IRS CoRR RTI one DONE AND ORDERED this 8th day of October, 2001, in Tallahassee, Leon County, Florida. Aa an ELEANOR M. HUNTER Administrative Law Judge : Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway . Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 k Fax Filing: (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 8th day of October, 2001. COPIES FURNISHED: ee aoe eee sie Vey Stephen A. Ecenia, Esquire Ab aS ihe Rutledge, Ecenia, Purnell and Hoffman, P.A. 215 South Monroe Street, Suite 420 Post Office Box 551 Tallahassee, Florida 32302-0551 foe ogee John F. Gilroy, III, Esquire Agency for Health care Administration 2727 Mahan Drive Fort Knox Building Three, Suite 3431 Tallahassee, Florida 32308 Geoffrey D. Smith, Esquire Blank, Meenan & Smith, P.A. 204 South Monroe Street Post Office Box 11068 Tallahassee, Florida 32302-3068 C. Gary Williams, Esquire Ausley & McMullen 227-South Calhoun Street Post Office Box 391 Tallahassee, Florida 32302 RS OREN PR EI RRR REE OES RN ae

Docket for Case No: 01-000350CON