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NAPLES COMMUNITY HOSPITAL, INC. vs EAST POINTE HOSPITAL, INC., AND AGENCY FOR HEALTH CARE ADMINISTRATION, 97-001149CON (1997)

Court: Division of Administrative Hearings, Florida Number: 97-001149CON Visitors: 1
Petitioner: NAPLES COMMUNITY HOSPITAL, INC.
Respondent: EAST POINTE HOSPITAL, INC., AND AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: ELEANOR M. HUNTER
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Mar. 12, 1997
Status: Closed
Recommended Order on Monday, March 2, 1998.

Latest Update: Jan. 14, 2025
STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION Division of Administrative Hearings NAPLES COMMUNITY HOS Petitioner, 97-1148 97-1149 vs. 97-1150 STATE OF FLORIDA, AGENCY FOR CONS: 8611 , HEALTH CARE ADMINISTRATION, 8612 SOUTHWEST FLORIDA REGIONAL 8613 MEDICAL CENTER; EAST POINTE HOSPITAL, INC. , AND DOCTOR’S _ za) OSTEOPATHIC MEDICAL CENTER, INC., EM H C losecl Respondent. FINAL ORDER THIS CAUSE CAME on before me for the purpose of issuing a final agency order, it appearing Notice of Withdrawal dated March 31, 1998 and Orcler Closing File, attached hereto, that there are no disputed issues. of fact. FINDINGS OF FACT 1. On March 31, 1998, Respondents, SOUTHWEST FLORIDA REGIONAL MEDICAL CENTER; EAST POINTE HOSPITAL, INC. , AND DOCTOR’S OSTEOPATHIC MEDICAL CENTER, INC., filed a Notice of Withdrawal of Applications for Certificate of Needs numbers 8611, 8612 and 8613 for the delicensure of acute care beds in Lee County, District 8. On April 7, 1998, Administrative Law Judge Eleanor M. Hunter entered the Order Closing Files. 2. The Agency hereby adopts and incorporates the Notice of Withdrawal and Order Closing File. 3. There are no remaining disputed issues of fact or law. CONCLUSIONS OF LAW The Agency for Health Care Administration has jurisdiction over the parties and subject matter pursuant to Section 120.57, Fla. Stat. (1997). Based on the foregoing, IT IS ADJUDGED that this case is DISMISSED, and Respondents’ CON application numbers 8611, 8612 and 8613 are hereby withdrawn. DONE and ORDERED this |S day of Tallahassee, Florida. louglas M. Cook, Director 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 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 RULES OF APPELLATE PROCEDURE. Copies furnished to: John D. C. Newton, II, Esquire Berger & Davis, P.A. 215 Soutn Monroe Street, Suite 705 Tallahassee, Florida 32301 W. David Watkins, Esquire Watkins, Tomasello & Caleen, P.A. 1725 Mahan Dreive, Suite 201 P.O. Box 15828 Tallahassee, Florida 32317-5828 Eleanor M. Hunter Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-3060 John F. Gilroy, Esquire Agency for Health Care Administration 2727 Mahan Drive Fort Knox Building 3 Tallahassee, FL 32308 Elfie Stamm: , CON/Budget Review CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by hand delivery or U.S. Mail, thiscA day of ___, 1998, to the above-named people. R.S. PowerfAgency Clerk Agency for Health Care Administration 2727 Mahan Drive, Suite 3431 Tallahassee, Florida 32308-5304 850-922-5865 s:\gilroyj\jfg\finalord\naples.fo

Docket for Case No: 97-001149CON
Issue Date Proceedings
Jun. 03, 1998 Final Order filed.
Apr. 07, 1998 Order Closing Files sent out. CASE CLOSED.
Mar. 31, 1998 (SW Fl Regional Medical Center) Notice of Withdrawal filed.
Mar. 09, 1998 Order Holding Case in Abeyance sent out. (parties to file status report by 6/1/98)
Mar. 02, 1998 Recommended Order (hearing held , 2013). CASE CLOSED.
Feb. 10, 1998 (Naples) Status Report (filed via facsimile).
Feb. 10, 1998 Notice of Change of Address for Counsel for Petitioner, Naples Community Hospital, Inc. (filed via facsimile).
Aug. 18, 1997 Order Placing Case in Abeyance sent out. (parties to file status report by 2/4/98)
Jul. 31, 1997 (Respondent) Response to Order to Show Cause and Motion to Abate filed.
Jul. 16, 1997 Order to Show Cause sent out. (parties to show why case file should not be closed within 15 days)
May 02, 1997 (From W. Watkins) Motion for Summary Recommended Order Denying Con Application of Big Cypress filed.
Apr. 28, 1997 Letter to Judge Malono from W. Watkins Re: Joint response to prehearing order filed.
Apr. 21, 1997 Letter to Judge Malono from W. David Watkins (re: notice of conference call for 3:00pm, April 22) (filed via facsimile).
Apr. 17, 1997 Order sent out. (Motion to sever 97-1147 from the consolidated group granted)
Apr. 17, 1997 Case No/s: unconsolidated. 97-001147
Apr. 04, 1997 (Petitioner) Motion to Sever filed.
Mar. 28, 1997 Prehearing Order and Order of Consolidation sent out. Consolidated case are: 97-001147 97-001148 97-001149 97-001150 . CONSOLIDATED CASE NO - CN002657
Mar. 27, 1997 DOAH Notification Card sent out.
Mar. 12, 1997 Notice of Related Petitions (97-1147 through 97-1150); Notice; Petition for Formal Administrative Proceeding (w/exhibit 1-6) filed.
Apr. 07, 1996 Joint Response to Prehearing Order filed.
Source:  Florida - Division of Administrative Hearings

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