Petitioner: CONTINENTAL MEDICAL OF PALM BEACH, INC.
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: DAVID M. MALONEY
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Aug. 17, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, March 3, 2003.
Latest Update: Dec. 24, 2024
STATE OF FLORIDA Are yeigay, 4S
AGENCY FOR HEALTH CARE ADMINISTRATION” 29.
CONTINENTAL MEDICAL OF PALM re are
BEACH, INC., o
7 DWM -cles
Petitioner, DOAH Case No. 01-3299CON
AHCA no. 2002046586
vs. CON 9431
STATE OF FLORIDA, AGENCY FOR
HEALTH CARE ADMINISTRATION,
Respondent,
FLORIDA HEALTH SCIENCES CENTER,
d/b/a TAMPA GENERAL HOSPITAL and
UNIVERSITY COMMUNITY HOSPITAL, INC., d/b/a
UNIVERSITY COMMUNITY HOSPITAL,
Intervenors,
/
eee
FINAL ORDER
THIS CAUSE CAME before me for the purpose of issuing a final agency order, upon an
order of Administrative Law Judge David M. 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 March 21, 2003, Petitioner filed its an Amended Notice of Voluntary
Dismissal. On March 3, 2003, Administrative Law Judge David M. 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.
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: ee - ac
1
Continental Medical of Palm Beach, Inc.’s, petition challenging the denial of Certificate
of Need (CON) Application number 9431, which sought to establish a 40-bed freestanding
comprehensive medical rehabilitation hospital, to be located in Hillsborough County, District 6,
is dismissed. ;
DONE and ORDERED this i day of fee , 2003, in Tallahassee,
Florida. Sp
) ; << l f Lunes
Rhonda M. Medows, MD, Secretary
Agéncy 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:
Stephen A. Ecenia, Esquire,
Rutledge, Ecenia, Purnell & Hoffman, P.A.
215 South Monroe Street, Suite 420
Post Office Box 551
Tallahassee, Florida 32302-0551
(by U.S. Mail)
James C. Hauser, Esquire
Meta, Hauser, & Husband, P.A.
215 South Monroe Street, Ste. 420
Post Office Box 10909
Tallahassee, Florida 32301
(by U.S. Mail)
David M. Maloney
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
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
US. Mail, this /2- day of (tp. fae
, 2003, to the above-named people.
Gi desea s: Or AL YID
LE Lealand McCharen, Agency Clerk
Agency for Health Care Administration
2727 Mahan Drive, Mail Stop #3
Tallahassee, Florida 32308
(850) 922-5873
we
| RECEIVED
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS GENERAL COUNSEL
7 MAR 25 @u3
CONTINENTAL MEDICAL OF PALM BEACH, INC.
Petitioner, CASE NO. O13A0E0QY for Health
CON NO. 943 - .
, Care Administration
AGENCY FOR HEALTH CARE ADMINISTRATION,
Respondent,
and
FLORIDA HEALTH SCIENCES CENTER, INC. d/b/a
TAMPA GENERAL HOSPITAL and UNIVERSITY
COMMUNITY HOSPITAL, INC. d/b/a UNIVERSITY
COMMUNITY HOSPITAL,
Intervenors.
/
AMENDED 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. This Amended Notice of
Voluntary Dismissal is being filed to correct the CON No. which was incorrectly reflected as CON
No. 9490 on the Notice of Voluntary Dismissal filed February 26, 2003 and which should have
correctly reflected CON No. 9431.
RESPECTFULLY SUBMITTED this Q) \ st day of March, 2003.
PANZA, MAURER & MAYNARD, P.A.
Attorneys for Petitioner
Bank of America Building, Third Floor
3600 North Federal Highway
Fort Lauderdale, FL 33308
' (954) 390-0100 FAX: (954) 390-7991
By: bcbrah S : Phat,
THOMAS F. PANZA
Florida Bar No.: 138551
DEBORAH S. PLATZ
Florida Bar No.: 0051225
JENNIFER KUJAWA GRANER
Florida Bar No. 907091
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that the foregoing has been fax filed with the Honorable David M.
Maloney, 850-921-6847, Division of Administrative Hearings, The DeSoto Building, 1230
Apalachee Parkway, Tallahassee, FL 32399-3060; and that a copy has been furnished to the
following on this ole day of March, 2003:
Michael O. Mathis, Esq.
Senior Attorney
Agency for Health Care Administration
2727.Mahan Drive, Mail Stop #3
Tallahassee, FL 32308-5403
Elizabeth McArthur, Esq.
Katz, Kutter, Alderman, Bryant & Yon, P.A.
P. O. Box 1877
Tallahassee, FL 32302
(Attorney for Florida Health Sciences Center, Inc. d/b/a Tampa General Hospital)
James C. Hauser, Esq.
Metz, Hauser & Husband, P.A.
P. O. Box 10909 '
Tallahassee, FL 32302-2902
(Attorney for University Community Hospital, Inc. d/b/a University Community Hospital)
By: _ beeran S ; hethy
d n ‘JENNIFER KUJAWA GRANER
FACLIENT\00053\01 -14083\PLEADING\Ntc Voluntary Dismissal.doc
Docket for Case No: 01-003299CON
Issue Date |
Proceedings |
Apr. 16, 2003 |
Final Order filed.
|
Mar. 21, 2003 |
Amended Notice of Voluntary Dismissal (filed by Petitioner via facsimile).
|
Mar. 03, 2003 |
Order Closing File issued. CASE CLOSED.
|
Feb. 26, 2003 |
Notice of Voluntary Dismissal (filed by Petitioner via facsimile).
|
Feb. 12, 2003 |
Tampa General`s First Request to Continental Medical of Palm Beach, Inc. for Production of Documents filed.
|
Feb. 11, 2003 |
Tampa General`s Certificate of Service of its First Set of Interrogatories to Continental Medical of Palm Beach, Inc. (filed via facsimile).
|
Jan. 21, 2003 |
UCH`s Responses and Legal Objections to Request for Production of Documents and Interrogatories Served by Continental filed.
|
Jan. 21, 2003 |
UCH`s Responses to Request for Admissions Served by Continental filed.
|
Dec. 24, 2002 |
Continental Medical of Palm Beach, Inc.`s Notice of Service of First Set of Interrogatories to University Community Hospital, Inc. d/b/a University Community Hospital (filed via facsimile).
|
Dec. 24, 2002 |
Continental Medical of Palm Beach, Inc.`s Request for Production of Documents to University Community Hospital, Inc. d/b/a University Community Hospital (filed via facsimile).
|
Dec. 24, 2002 |
Continental Medical of Palm Beach, Inc.`s Request for Admissions to University Commmunity Hospital, Inc. d/b/a University Community Hospital (filed via facsimile).
|
Dec. 24, 2002 |
Continental Medical of Palm Beach, Inc.`s Notice of Service of First Set of Interrogatories to Florida Health Sciences Center, Inc. d/b/a Tampa General Hospital (filed via facsimile).
|
Dec. 24, 2002 |
Continental Medical of Palm Beach, Inc.`s Request for Production of Documents to Florida Health Sciences Center, Inc. d/b/a Tampa General Hospital (filed via facsimile).
|
Dec. 24, 2002 |
Continental Medical of Palm Beach, Inc.`s Request for Admissions to Florida Health Sciences Center, Inc. d/b/a Tampa General Hospital (filed via facsimile).
|
Oct. 04, 2002 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for May 21 through 23 and 27 through 30, 2003; 9:00am; Tall).
|
Oct. 01, 2002 |
Notice of Substitution of Counsel and Request for Service (filed by Respondent).
|
Sep. 16, 2002 |
Request for Additional Days of Final Hearing filed by Petitioner.
|
Sep. 04, 2002 |
UCH`s Response to Request for Additional Days of Final Hearing filed.
|
Sep. 03, 2002 |
Motion to Clarify (filed by T. Panza via facsimile).
|
Mar. 29, 2002 |
Notice of Voluntary Dismissal filed by Genesis.
|
Mar. 12, 2002 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for January 16 and 17, 2003; 9:00 a.m.; Tallahassee, FL).
|
Mar. 07, 2002 |
Unopposed Motion for Continuance filed by UCH.
|
Jan. 28, 2002 |
Order Granting Intervention (of UCH) issued.
|
Jan. 04, 2002 |
UCH`s Petition to Intervene filed.
|
Sep. 26, 2001 |
Order Granting Intervention issued (Florida Health Sciences Center, Inc., d/b/a Tampa General Hospital`s)
|
Sep. 26, 2001 |
Notice of Hearing issued (hearing set for June 3 through 7 and 10 through 14, 2002; 9:00 a.m.; Tallahassee, FL).
|
Sep. 26, 2001 |
Order Granting Motion to Consolidate issued. (consolidated cases are: 01-003299CON, 01-003300CON)
|
Aug. 30, 2001 |
Response to Initial Orders and Motion for Consolidation (of case nos. 01-3299CON and 01-3300CON) filed.
|
Aug. 24, 2001 |
Tampa General`s Petition to Intervene filed.
|
Aug. 20, 2001 |
Initial Order issued.
|
Aug. 17, 2001 |
Notice of Intent to Deny filed.
|
Aug. 17, 2001 |
Continental Medical of Palm Beach, Inc. Petition for Formal Administrative Hearing filed.
|
Aug. 17, 2001 |
Notice (of Agency referral) filed.
|