STATE OF FLORIDA 6 34 AGENCY FOR HEALTH CARE ADMINISTRATION CONTINENTAL MEDICAL OF PALM aes mK BEACH, INC., . 2, ? Ad Cher a Petitioner, DOAH Case No. 02-3231CONL 2 AHCA no. 200204559 vs. CON 9540 “9, cd STATE OF FLORIDA, AGENCY FOR ; se HEALTH CARE ADMINISTRATION; CF Respondent, FLORIDA HEALTH SCIENCES CENTER, INC., d/b/a TAMPA GENERAL HOSPITAL, Intervenor. FINAL ORDER THIS CAUSE CAME before me for the purpose of issuing a final agency order, upon an order of Administrative Law Judge Richard A. Hixson, 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 July 11, 2003, Petitioner filed it’s a Notice of Voluntary Dismissal. On July 17, 2003, Administrative Law Judge Richard A. Hixson 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. rcseysanan wines WLAN EF 9 a 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. (2002). Based on the foregoing, IT IS ADJUDGED THAT: Continental Medical of Palm Beach, Inc.’s, petition challenging the denial of Certificate of Need (CON) Application number 9540, which sought to establish a 40-bed freestanding comprehensive medical rehabilitation hospital (CMR), to be located in on or near the campus of St. Joseph’s Hospital of Tampa, Hillsborough County, District 6, is dismissed. wa DONE and ORDERED this 4 _ day ot _Aiugasl- , 2003, in Tallahassee, Florida. Rhonda M. Medows, MD, Secretary Agency for Health Care Administration 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: Elizabeth McArthur, Esquire Radney, Thomas & Yon, P.A. Post Office Box 10967 Tallahassee, Florida 32302 (by U.S. Mail) iS) Thomas F, Panza, Esquire Panza, Maurer & Maynard, P.A. Bank of America Building, Third Floor 3600 North Federal Highway Ft. Lauderdale, Florida 33308 (by U.S. Mail) Richard A. Hixson Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 323099-1550 (by U.S. Mail) Michael O. Mathis, Esq. MS #3 (by Interoffice Mail) Jeffrey Gregg MS #28 (by Interoffice Mail) Wendy Adams (by Interoffice Mail) CERTIFICATE OF SERVICE { HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail, this “t day of. le Le uot , 2003, to the above-named people. J 7 agen McCharen, Agency Clerk ( Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 (850) 922-5873 STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS CONTINENTAL MEDICAL OF PALM BEACH, INC. CASE NO. 02-3231CON Petitioner, CON No. 9540 vs. AGENCY FOR HEALTH CARE ADMINISTRATION Respondent, FLORIDA HEALTH SCIENCES CENTER, INC., d/b/a TAMPA GENERAL HOSPITAL, Intervenor. NOTICE OF VOLUNTARY DISMISSAL Continental Medical of Palm Beach, Inc. (“Continental”) hereby voluntarily dismisses its Petition for Formal Administrative Hearing in the above-styled matter. Respectfully submitted this | 1" day of July, 2003. PANZA, MAURER & MAYNARD, P.A. Attorneys for Petitioner, Continental Medical of Palm Beach, Inc. 3600 N. Federal Highway, Third Floor Fort Lauderdale, Florida 33308 Telephone: (954) 390-0100 Facsimile: (954) 390-7991 By: THOMAS F. PANZA, ESQUIRE Florida Bar No.: 138551 DEBORAH S. PLATZ Florida Bar No.: 0051225 CERTIFICATE OF SERVICE JHEREBY CERTIFY that the foregoing has been fax filed to Honorable Richard A. Hixson, Division of Administrative Hearings, 850-921-6847, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, FL 32399-3060; and that a copy has been furnished to the following on this _{\ aay of July, 2003: Michael O- Mathis, Esq. Agency for Health Care Adrninistration 2727 Mahan Drive, Mail Stop #3 Tallahassee, FL 32308-5403 850-413-9313 Elizabeth McArthur, Esq. Radey Thomas Yon, P.A. P. O. Box 10967 Tallahassee, FL 32302 850-425-6694 By. [ypnahs, ee DEBORAH S. PLATZ, ESQUIRE FACLIENT\O0053\02-14576\Pleadings\Ntc Voluntary Dismissal.doc

Docket for Case No: 02-003231CON