STATE OF FLORIDA AGEINCY FOR HEALTH CARE ADMINISTRATION in Holmes Regional Medical Center, Inc., Petitioner, : DOAH Nos. vs. Agency for Health Care Administration, AHCA Nos. Respondent, CON Nos. and Wuesthoff Memorial Hospital, Inc., d/b/a Wuesthoff Medical Center-Rockledge and Wuesthoff Memorial Hospital, Inc., d/b/a Wuesthoff Medical Center Melbourne, Intervenors, Wuesthoff Memorial Hospital, Inc., d/b/a Wuesthoff Medical Center-Rockledge and Wuesthoff Memorial Hospital, Inc., d/b/a Wuesthoff Medical Center Melbourne, Petitioners, vs. Agency for Health Care Administration and Holmes Regional Medical Center, Inc., Responde nts. 2005006298, 2005006356 9836, 9881 FINAL ORDER THIS CAUSE concerns Petitions for Formal Administrative Proceedings. Petitioner, Holmes Regional Medical Center, Inc. (“Holmes”) filed a Petition on or about July 21, 2005, and Petitioner Wuesthoff Memorial Hospital, Inc., d/b/a Wuesthoff Medical Center-Rockledge and Wuesthoff Memorial Hospital, Inc., d/b/a Wuesthoff Medical Center Melbourne (“Wuesthoff”) filed a Petition on or about July 22, 2005. These Petitions both related to the Agency’s denial of Certificate of Need Applications 9836 and 9881. Both cases were referred to DOAH and an Order of Consolidation and Intervention was filed on August 9, 2005. On or about January 12, 2006, Holmes withdrew its CON application No. 9836 and then filed a Notice of Voluntary Dismissal of its Petition at DOAH. On or about January 17, 2006, Wuesthoff likewise filed a Notice of Voluntary Dismissal of its DOAH case. Accordingly, on January 12, 2006, and January 18, 2006, the Administrative Law Judge assigned to the case issued Orders Closing the files based on the Notices of Voluntary Dismissal. IT IS THEREFORE ORDERED AND ADJUDGED THAT: The Petitions for Formal Administrative Proceedings pending before the Agency are hereby moot, and these cases are closed. The Agency’s denial of Certificate of Need Applications 9836 and 9881 is upheld. DONE and ORDERED this & day of ce WE. , 2006, in Tallahassee, Florida. Alan Levin ecretary AGENCY FOR HEALTH CARE ADMINISTRATION NOTICE OF RIGHT TO JUDICIAL REVIEW A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW, WHICH SHALL BE INSTITUTED BY FILING THE ORIGINAL NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A COPY ALONG WITH THE FILING FEE PRESCRIBED BY LAW WITH THE DIS’‘TRICT 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 30 DAYS OF THE RENDITION OF THE ORDER TO BE REVIEWED. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been furnished by U.S. or interoffice mail to the persons named —— below on this 2 day of tne , 2006. eee RICHARD J. SHOOP, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, MS 3 Tallahassee, Florida 32308 (850) 922-5873 COPIES FURNIS HED TO: David M. Maloney Administrative Law Judge Division of Administrative Hearings The DeSoto Builcling 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 R. Terry Rigsby, Esquire Carlton Fields, F*.A. 215 South Monroe, Suite 500 Tallahassee, Florida 32301 Michael J. Glaze x, Esq. Ausley & McMullen 227 South Calhoun Street Post Office Box 391 Tallahassee, Florida 32302 Timothy B. Elliott, Esquire Senior Attorney Agency for Healt-h Care Administration Interoffice Mail Elizabeth Dudek-, Deputy Secretary Managed Care & Health Quality Assurance Interoffice Mail Janice Mills Facilities Intake Interoffice Mail

Docket for Case No: 05-002738CON