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ADVENTIST HEALTH SYSTEM, SUNBELT, INC., D/B/A FLORIDA HOSPITAL vs AGENCY FOR HEALTH CARE ADMINISTRATION, 01-000299CON (2001)

Court: Division of Administrative Hearings, Florida Number: 01-000299CON Visitors: 4
Petitioner: ADVENTIST HEALTH SYSTEM, SUNBELT, INC., D/B/A FLORIDA HOSPITAL
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: DAVID M. MALONEY
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Jan. 23, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, August 29, 2001.

Latest Update: Jan. 10, 2025
STATE OF FLORIDA AGENCY FOR HEALTH CARE ADMINISTRATION lee 29, ADVENTIST HEALTH SYSTEM/SUNBELT, ar INC., d/b/a FLORIDA HOSPITAL, ADMINIS: HEAR Petitioner, vs. , Case No. 01-0299 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, nm \Y) Respondent, and ORLANDO REGIONAL HEALTHCARE SYSTEM, INC., Intervenor. FINAL ORDER THIS CAUSE CAME before me for the purpose of issuing a final agency order, upon an order of Administrative Law Judge David Maloney, 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 August 23, 2001, Petitioner filed its Notice of . Voluntary Dismissal. On August 29, 2001, Administrative Law Judge Maloney 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. TRE PE ETE wee renee SPURT RRR Co ee ree CRT PEE creer “er wr uk 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. (2001). Based on the foregoing, | IT IS ADJUDGED THAT: The above-styled case is DISMISSED and Certificate of Need (CON) Application Numbers 9387 to establish a pediatric open-heart surgery program, and 9388 to establish a pediatric cardiac catheterization program at Florida Hospital in Orange County , AHCA District 7, are denied. DONE and ORDERED this D saygXcorn beer 200, in Tallahassee, Florida. 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: James M. Barclay, Esq, Ruden, McClosky, Smith, Schuster & Russell, P.A. 215 South Monroe Street Suite 815 Tallahassee, Florida 32301 TORR OO ORT ERE Sr RTE TEER © 3 3 E i L i: f te E ; Hi i E é ies il Steven R. Bechtel, Esq. Mateer & Harbert, P.A. 225 East Robinson Street, Suite 600 P.O. Box 2854 Orlando, Florida 32802-2854 Stephen K. Boone, Esq. Boone, Boone, Boone, Hines & Koda, P.A. 1001 Avenida Del Circo P.O. Box 1596 Venice, Florida 34284 John F. Gilroy Senior Counsel Agency for Health Care Administration - 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308-5403 David M. Maloney Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-1550 CON Office CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail, this | A day of | ¥CEM bee 2001, to the above-named people. -s, Agency Clerk _ Agency for Health Care Administration aren . 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 (850) 922-5873 TE RRR EEE I NFER ERROR TREO RR SRNR ge St siead COR orem me rer mre aggre crm — " Oleq tT RECEIVED LEGAL STATE OF FLORIDA e i oe i DIVISION OF ADMINISTRATIVE HEARINGS SeP 0-4 RECO 01 BEC 20 AM IO: SReency tor Heaitn ADVENTIST HEALTH SYSTEM/SUNBELT, INC., d/b/a FLORIDA HOSPITAL, Petitioner, vs. AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, and ORLANDO REGIONAL HEALTHCARE SYSTEM, INC.,— wee eS Se SS HS He eS HS SS LS LS LLL Intervenor. ' : ORDER CLOSING FILE ned on : . This cause having come before the unc being fully advised, it is, therefore, ORDERED that: : October 22 through 26 and October 29 through November is hereby cancelled. Care Administration Case No. 01-0299CON Notice of Voluntary Dismissal, filed August 27, 2001, and the undersigned 1. The final hearing in this cause scheduled for 2, 2001, 2. The file of the Division of Administrative Hearings in the above-captioned matter is hereby closed. whi . OORT TRE rrr rR or RR Ie ne SOR ERT EERE OEE mek dha Si fhe this. Stephen K. Boone, Esquire Boone, Boone, Boone, Hines & Koda, P.A. 1001 Avenida Del Circo Post Office Box 1596 Venice, Florida 34284 John- F. Gilroy, III, Esquire Agency for Health Care Administration 2727 Mahan Drive Fort Knox Building Three, Suite 3431 Tallahassee, Florida 32308 seta alg wi, ciel ae we id aati I ee _ ORLANDO REGIONAL HEALTHCARE ADVENTIST HEALTH SYSTEM/SUNBELT, INC., d/b/a FLORIDA HOSPITAL, Petitioner, vs. Case No. 01-0299 AGENCY FOR HEALTH CARE ADMINISTRATION, — Respondent, and SYSTEM, INC., "2 i Intervener. /. NOTICE OF VOLUNTARY DisMisSAt’ ‘| YOu ARE NOTIFIED that Petitioner, ADVENTIST HEALTH SYSTEM/SUNBELT - INC., d/b/a F LORIDA HOSPITAL, by and through its undersigned attorneys, hereby dismisses its action with prejudice. CERTIFICATE OF SERVICE I HEREBY CERTIFY that the original and one copy of the foregoing have been sent by U.S. Mail to David M. Maloney, Administrative Law Judge, Division of Administrative Hearings, The DeSoto Building, 1230 Apalachee Parkway, Tallahassee, Florida 32399, anda copy to James M. Barclay, Esquire, Ruden, McClosky, Smith, Schuster & Russell, P.A., 215 S. Monroe Street, Suite 815, Tallahassee,:Florida 32301, Steven R: Bechtel, Esquire, 225 E. Robinson Street, Suite 600, Post Office Box 2854, Orlando, FL 32802-2854, and Richard A. Patterson, Esquire, Agency for Health Care Administration, 2727 Mahan Drive, Building 3, Tallahassee, Florida 32803, this 2” day of August, 2001, BOQNE, BOONE, BOONE. HINES & KODA, PA., ATTORNEYS AT LAW, VENICE, FLORIDA _ lid i El ee ee es ae) Cee ree ee a ere ik, F2-8004/voldism BOONE, BOONE,gBOONE, HINES & KODA P.A. Stephen K. Boone Florida Bar Number 371068 1001 Avenida del Circo P.O. Box 1596 Venice, Florida 34284 Telephone: (941) 488-6716" Counsel for Petitioner, Adventist Health System/ Sunbelt, Inc. d/b/a Florida Hospital BOQNE, BOONE, BOONE, HINES & KODA, PA., ATTORNEYS AT LAW, VENICE, FLORIDA _ CPR me eR RRR ETI RRR te oo TREE RECENT PE PE SRE RR EY IE ONE FIT RN RRR RES RA Fn

Docket for Case No: 01-000299CON
Issue Date Proceedings
Dec. 20, 2001 Final Order filed.
Aug. 29, 2001 Notice of Cancellation of Deposition, M. Kelly filed.
Aug. 29, 2001 Order Closing File issued. CASE CLOSED.
Aug. 28, 2001 Notice of Appearance and Substituion of Counsel (filed by Respondent via facsimile).
Aug. 27, 2001 Notice of Voluntary Dismissal filed by Petitioner.
Jul. 16, 2001 Lakeside Alternative`s First Notice to Produce to Adventist Health System/Sunbelt, Inc. (filed via facsimile).
Apr. 30, 2001 Order issued (Intervenor`s Motion in Limine is denied).
Apr. 16, 2001 Notice of Rescheduled Deposition Duces Tecum (filed via facsimile).
Apr. 12, 2001 Notice of Hearing (telephone conference set for April 24, 2001 at 2:00 p.m.) filed by Intervenor.
Apr. 10, 2001 Notice of Cancellation of Taking Deposition (Videotape) 4 filed.
Apr. 10, 2001 Notice of Cancellation of Deposition (Dr. T. Carson) filed.
Apr. 06, 2001 Order Granting Continuance and Re-scheduling Hearing issued (hearing set for October 22 through 26 and October 29 through November 2, 2001; 9:00 a.m.; Tallahassee, FL).
Apr. 04, 2001 Motion for Continuance (filed by Petitioner via facsimile).
Apr. 03, 2001 Notice of Taking Deposition (Videotape) filed by Intervenor.
Apr. 02, 2001 Response to Intervener`s Motion in Limine filed by Petitioner.
Apr. 02, 2001 Notice of Taking Deposition (Videotape) filed by Intervenor.
Mar. 27, 2001 Notice of Taking Deposition (Videotape) 3 filed.
Mar. 19, 2001 Revised Notice of Taking Deposition Duces Tecum (of Henry Hayes) filed.
Mar. 19, 2001 Notice of Taking Deposition Duces Tecum (of M. C. Carroll) filed.
Mar. 19, 2001 Revised Notice of Taking Deposition Duces Tecum (Kathy Grace) filed.
Mar. 19, 2001 Intervenor`s Motion in Limine and Request for Oral Agrument filed.
Mar. 19, 2001 Notice of Taking Deposition Duces Tecum (of Dr. Thomas Carson) filed.
Mar. 19, 2001 Notice of Taking Deposition Duces Tecum (Margo Kelly filed via facsimile).
Mar. 16, 2001 Revised Preliminary Witness List of Intervenor, Orlando Regional Healthcare System, Inc. (filed via facsimile).
Mar. 16, 2001 Second Revised Preliminary Witness List of Intervenor, Orlando Regional Healthcare System, Inc. filed.
Mar. 15, 2001 Notice of Taking Deposition Duces Tecum filed by James Barclay.
Mar. 15, 2001 Notice of Taking Deposition Duces Tecum (filed by Stephen Boone).
Mar. 14, 2001 Notice of Taking Deposition Duces Tecum 6 filed by S. Bechtel
Mar. 12, 2001 Intervenor`s Response to First Request for Production of Documents filed.
Mar. 01, 2001 Letter to R. Patterson from S. Boone In re: notice of deposition filed.
Feb. 23, 2001 Notice of Taking Deposition Duces Tecum filed by Petitioner
Feb. 23, 2001 Preliminary Witness List of Intervenor, Orlando Regional Healthcare System, Inc. filed.
Feb. 22, 2001 Notice of Taking Deposition Duces Tecum filed by Petitioner
Feb. 22, 2001 Adventist Health System/Sunbelt, Inc., d/b/a Florida Hospital Preliminary Witness List filed.
Feb. 14, 2001 Order Granting Intervention issued (Orlando Regional Healthcare System, Inc.).
Feb. 12, 2001 Notice of Taking Deposition Duces Tecum filed.
Feb. 07, 2001 Order of Pre-hearing Instructions issued.
Feb. 07, 2001 Notice of Hearing issued (hearing set for April 17 through 20 and 23 through 27, 2001; 9:00 a.m.; Tallahassee, FL).
Feb. 05, 2001 Response to Initial Order filed by Petitioner.
Feb. 05, 2001 First Request for Production of Documents filed.
Jan. 24, 2001 Initial Order issued.
Jan. 23, 2001 Petition for Formal Administrative Hearing filed.
Jan. 23, 2001 Orlando Regional Healthcare System, Inc.`s Petition to Intervene (filed by J. Barclay).
Jan. 23, 2001 Notice (of Agency referral) filed.
Source:  Florida - Division of Administrative Hearings

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