et | i 4 mio R YL Tae tee eh STATE OF FLORIDA nov -7 00 AGENCY FOR HEALTH CARE ADMINISTRATION HOLY CROSS LONG TERM CARE, INC., Petitioner, vs. Case No. 00-1674 CON No. 9281 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / FINAL ORDER THIS CAUSE CAME before me for the purpose of issuing a final agency order, upon an order of Administrative Law Judge Hunter, attached hereto, dismissing the case, it appearing ~ from the Petitioner’s Notice of Voluntary Dismissal, also attached hereto, that there are no disputed issues of fact. FINDINGS OF FACT 1. On October 27, 2000, Petitioner filed a Notice of Voluntary Dismissal. On October 30, 2000, 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. “ 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. (2000). Based on the foregoing, IT IS ADJUDGED THAT: The above-styled case is DISMISSED and Certificate of Need (CON) Number 9281 is denied. - DONE and ORDERED this / dL day of BU , 2000, in Tallahassee, Florida. Ruben J. Kthg-Shaw, Jr., 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 APPEALLATE PROCEDURE. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED. Copies furnished to: William B. Wiley McFarlain, Wiley, Cassedy & Jones, P.A. 215 S. Monroe Street, Suite 600 Tallahassee, Florida 32301 Richard A. Patterson Assistant General Counsel Agency for Health Care Administration, 2727 Mahan Drive, Mail Stop #3 - Tallahassee, Florida 32308-5403 Julie Gallagher General 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 (AHCA) . CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail to the above-named people, this CE a. RS. Power, Agenty Clerk _., Agency for Health Care Administration ”... 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 __ > PY day of , 2000. (850) 922-5865 7 - STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS HOLY CROSS LONG TERM CARE, INC., Petitioner, vs. Case No. 00-1674 AGENCY FOR HEALTH CARE ADMINISTRATION, _ Respondent. ORDER CLOSING FILE This cause having come before the undersigned on a Notice of Voluntary Dismissal, filed October 27, 2000, and the undersigned being fully advised, it is, therefore, ORDERED that: 1. The final hearing in this cause scheduled for November 15 through 17, 2000, is hereby cancelled. 2, The file of the Division of Administrative Hearings in RECaIVEY, OCT 3.1 2000 " AGENCY FOR HEALTH CARE ADMINISTRATION-LEGAL vee gee ee open erste ee ge tee = DONE AND ORDERED this Bot day of October, 2000, in Tallahassee, Leon County, Florida. Division of Admini strseeye The DeSoto Building .1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 SUNCOM 278-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this | Bat day of October, 2000. COPIES FURNISHED: Richard A. Patterson, Esquire Agency for Health Care Administration 2727 Mahan Drive Building Three, Suite 3431 Tallahassee, Florida 32308- 75403 H. Darrell White, “Esquire McFarlain, Wiley, Cassedy & Jones, P.A. 215 South Monroe Street, Suite 600 Post’ Office Box 2174 Tallahassee, Florida 32316-2174 ee STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS HOLY CROSS LONG TERM CARE, INC., Petitioner, vs. DOAH CASE NO.: 00-1674 CON NOS.: 9281 AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent. / NOTICE OF VOLUNTARY DISMISSAL Petitioner, HOLY CROSS LONG TERM CARE, INC., through counsel, hereby voluntarily dismisses, its Petition For Formal Administrative Hearing in the above-styled Case No. 00-1674, and withdraws from further consideration its Certificate of Need Application No. 9281. RESPECTFULLY SUBMITTED this 27" day of October, 2000. McFARLAIN, WILEY, CASSEDY a - & JONES, P.A. ; ; EVV 215 S. Monroe Street, Suite 600 : Tallahassee, FL 32301 (850) 222-2107 OcT 5 0 2000 ) . . . f CAGENCVFORHEALTHGARE == (= Counsel for Holy Cross Long Term Care, Inc. CERTIFICATE OF SERVICE HEREBY CERTIFY that acopy of the foregoing has been provided by U.S. Mail

Docket for Case No: 00-001674CON