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NORTH BROWARD HOSPITAL DISTRICT vs AGENCY FOR HEALTH CARE ADMINISTRATION, 01-001096 (2001)

Court: Division of Administrative Hearings, Florida Number: 01-001096 Visitors: 12
Petitioner: NORTH BROWARD HOSPITAL DISTRICT
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: CLAUDE B. ARRINGTON
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Mar. 16, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, September 17, 2001.

Latest Update: Jun. 02, 2024
FILER STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION FEB -b 02 NORTH BROWARD HOSPITAL DISTRICT, bran HNL Ry Petitioner, VS. . Case No. sy -1 STATE OF FLORIDA, AGENCY FOR HEALTH CARE Mae Se ADMINISTRATION, Respondent. CLEVELAND CLINIC FLORIDA, Intervenor. FINAL ORDER The Agency for Health Care Administration having entered into a Stipulation and Settlement Agreement with the parties to these proceedings, and being otherwise well advised in the premises, decides as follows: 1. The attached stipulation and settlement agreement is approved and adopted as a part of this final order and the parties are directed to comply with the terms of the Stipulation and Settlement Agreement. 2. THEREFORE, it is ORDERED and ADJUDGED that the parties hereto are directed to comply with the terms of the Stipulation and Settlement Agreement. DONE and ORDERED this” 24 day of January, 2002 in Tallahassee, Leon County, Florida. . S, M.D., Secretary “Agency for Health Care Administration sopee srr 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, AND A SECOND COPY, ALONG WITH FILING FEE 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 APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN THIRTY (30) DAYS OF THE RENDITION OF THE ORDER TO BE REVIEWED. Copies furnished to: John F. Gilroy, Senior Counsel Agency for Health Care Administration Michael E. Riley, Esq. Gray, Harris & Robinson, P.A. P.O. Box 11189 Tallahassee, Florida 32302-3189 William R. Scherer, Esq. Conrad & Scherer, P.A. P.O. Box 14723 Fort Lauderdale, Florida 33301 Robert A. Weiss, Esq. Parker, Hudson, Rainer & Dobbs, LLP 1118 North Gadsden Street The Perkins House, Suite 200 Tallahassee, Florida 32301 CON Office Division of Administrative Hearings 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to 5 OLk4 4 a ‘ the above named addressees on this aL day ote 2001. f (rarest TDC Mca {€Virginia Daire, Agency Clerk Agency for Health Care Administration rep ene ne etal dad OCTET Tp OU cre rem OTST TERT BR Se rR STATE OF FLORIDA RECEIVED LEGA. DIVISION OF ADMINISTRATIVE HEARINGS si? 17 red agency for Health NORTH BROWARD HOSPITAL care Administration DISTRICT, “Petitioner, vs. Case No. 01-1096 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, and CLEVELAND CLINIC FLORIDA, Intervenor. wee eS SS SYS SS Se See ere ee ORDER CLOSING FILE This cause having come before the undersigned on the parties' Stipulated Motion to Relinquish Jurisdiction filed September 14, 2001, and the undersigned being fully advised, it is, therefore, ORDERED that: ; 1. The final hearing in this cause scheduled for September 17 through 19, 2001, is hereby cancelled. 2. The file of the Division of Administrative Hearings in the above-captioned matter is hereby closed. Sct. .aidekehad-Thiadata aan ta eprint on oR TREE ES re we DONE AND ORDERED this 17th day of September, 2001, Tallahassee, Leon County, Florida.’ : Cle blog CLAUDE B. ARRINGTON Administrative Law Judge Division of Administrative The DeSoto Building 1230 Apalachee Parkway in Hearings Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Piling (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Hearings 2001. Division of Administrative this 17th day of September, COPIES FURNISHED: John F. Gilroy, III, Esquire : Agency for Health Care Administration 2727 Mahan Drive Fort Knox Building Three, Suite 3431 Tallahassee, Florida 32308 Michael E. Riley, Esquire Gray, Harris & Robinson, P.A. 301 South Bronough Street, Suite 600 Post Office Box 11189 Tallahassee, Florida 32302-3189 Siesta rocere meses ca cans William R. Scherer, Esquire Conrad & Scherer Post Office Box 14723 Fort Lauderdale, Florida 33301 Robert A. Weiss, Esquire Parker, Hudson, Rainer & Dobbs, LLP 118 North Gadsden Street The Perkins House, Suite 200 Tallahassee, Florida 32301 RE hs eta i Cpe TIETeT RECEIVED LEGAL STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS SEP 1 7 Rep Agency for Health NORTH BROWARD HOSPITAL DISTRICT, re Administration Petitioner, yo Case No. 01-1096 AHCA Case Action: Challenges approval of waiver of Rule 59A-3.080 (4) (f) for Cleveland Clinic Hospital AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / STIPULATED MOTION TO RELINQUISH JURISTICTION Pursuant to section 120.57 (1) (i) of the Florida Statutes and Rule 28-106.204, Florida Administrative Code, Petitioner North Broward Hospital District (District) moves for an order for the Division of Administrative Hearings to relinquish jurisdiction in this proceeding to the Agency for Health Care Administration, and states the following in support: 1. The District and Intervenor Cleveland Clinic Florida have entered into a settlement agreement resolving all disputed material facts in this proceeding. 2. The Agency has been requested to acknowledge that settlement agreement, and enter a final order based on that settlement agreement, and the District and Cleveland Clinic anticipate that the Agency will do so. 3. Pursuant to Rule 28-106.204 (3), counsel for Cleveland Clinic and the Agency have consented to this motion. WHEREFORE, the District moves for order based on this stipulated motion relinquishing jurisdiction of this proceeding from the Division of Administrative Hearings to the Agency for Health Care Administration. eee St dd do ee ET PR PET Ee a CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail and facsimile transmission this 4tAbay of September, 2001 to the following: Robert A. Weiss Karen“A. Putnal Parker, Hudson, Rainer & Dobbs, LLC 118 N. Gadsden Street, 2"4 Floor. Tallahassee, FL 32301 ; Attorneys for Cleveland Clinic Florida ~ John Gilroy Senior Attorney 2727 Mahan Drive, Suite 3431 Fort Knox Building III Tallahassee, FL 32308 Attomey for Agency for Health Care Administration George E. Meros, Jr. Florida Bar No. 0263321 Michael E. Riley Florida Bar No. 0794650 GRAY, HARRIS & ROBINSON, P.A. Post Office Box 11189 Tallahassee, Florida 32302 Telephone (850) 222-7717 Facsimile (850) 222-3494 Attomeys for North Broward Hospital District merece oppor Deed ad er

Docket for Case No: 01-001096
Issue Date Proceedings
Feb. 05, 2002 Final Order filed.
Feb. 05, 2002 Stipulation and Settlement Agreement Joint filed.
Sep. 17, 2001 Order Closing File issued. CASE CLOSED.
Sep. 14, 2001 Stipulated Motion to Relinquish Jurisdiction (filed by Petitioner via facsimile).
Sep. 05, 2001 Notice of Appearance and Substitution of Counsel (filed by Respondent via facsimile).
Aug. 03, 2001 District`s Request for Supplementation of discovery Responses to Cleveland Clinic Florida filed.
Aug. 03, 2001 District`s Resquest for Supplementation of discovery Responses to Agency filed.
Jul. 24, 2001 Noitce of Taking Depositions Duces Tecum, Mark Knight & B. Langley (filed via facsimile).
Jul. 24, 2001 Notice of Taking Deposition Duces Tecum of Corporate Representative (filed via facsimile).
Jun. 05, 2001 Subpoena Duces Tecum (M. Knight) filed.
Jun. 05, 2001 Subpoena Duces Tecum (B. Langley) filed.
May 30, 2001 District`s Responses to Cleveland Clinic`s Second Request for Production of Documents filed.
May 22, 2001 Notice of Taking Deposition Duces Tecum (M. Knight) filed via facsimile.
May 22, 2001 Notice of Taking Deposition Duces Tecum (B. Langley) filed via facsimile.
May 16, 2001 District`s Answers to Cleveland Clinic`s First Set of Interrogatories filed.
May 16, 2001 District`s Responses to Cleveland Clinic`s First Request for Production of Documents filed.
May 08, 2001 Cleveland Clinic Florida`s Notice of Service of Responses to North Broward Hospital District`s First Set of Interrogatories and First Request for Production of Documents (filed via facsimile).
May 04, 2001 Response to District`s First Request for Production to Agency filed by Respondent
May 04, 2001 Respondent`s Notice of Service of Answers to District`s First Set of Interrogatories to Agency filed.
May 03, 2001 District`s First Request for Production to Agency (filed via facsimile).
May 03, 2001 District`s First Request fro Production to Cleveland Clinic (filed via facsimile).
Apr. 20, 2001 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for September 17 through 19, 2001; 9:00 a.m.; Tallahassee, FL).
Apr. 17, 2001 Response to Order Granting Continuance and Re-Scheduling Hearing (filed by Respondent via facsimile).
Apr. 17, 2001 Notice of Service of Cleveland Clinic Florida`s First Set of Interrogatories to Petitioner North Broward Hospital District (filed via facsimile).
Apr. 16, 2001 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for August 27 through 29, 2001; 10:00 a.m.; Tallahassee, FL).
Apr. 13, 2001 Memorandum to Judge Arrington from R. Weiss (confirming telephone conference for Monday, April 16, 2001 at 1:00 p.m.) filed via facsimile.
Apr. 10, 2001 Cleveland Clinic Florida`s Motion to Reschedule Final Hearing and Request for Scheduling Conference filed.
Apr. 04, 2001 Notice of Service of Petitioner`s First Interrogatories to Agency filed.
Apr. 04, 2001 Notice of Service of Petitioner`s First Interrogatories to Cleveland Clinic filed.
Mar. 30, 2001 Order Granting Intervention issued (Cleveland Clinic Florida).
Mar. 30, 2001 Order of Pre-hearing Instructions issued.
Mar. 30, 2001 Notice of Hearing issued (hearing set for May 22 through 24, 2001; 9:00 a.m.; Tallahassee, FL).
Mar. 26, 2001 Response to Initial Order (filed by Respondent via facsimile).
Mar. 19, 2001 Cleveland Clinic Florida`s Petition to Intervene filed.
Mar. 19, 2001 Initial Order issued.
Mar. 16, 2001 Letter granting Petition for Waiver filed.
Mar. 16, 2001 NBHD`s Petition for Formal Administrative Hearing filed.
Mar. 16, 2001 Notice (of Agency referral) filed.
Source:  Florida - Division of Administrative Hearings

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