Petitioner: CONTINENTAL MEDICAL OF PALM BEACH, INC.
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: RICHARD A. HIXSON
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Aug. 14, 2002
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, July 17, 2003.
Latest Update: Dec. 25, 2024
STATE OF FLORIDA 6 34
AGENCY FOR HEALTH CARE ADMINISTRATION
CONTINENTAL MEDICAL OF PALM aes mK
BEACH, INC., . 2,
? Ad Cher a
Petitioner, DOAH Case No. 02-3231CONL 2
AHCA no. 200204559
vs. CON 9540 “9,
cd
STATE OF FLORIDA, AGENCY FOR ; se
HEALTH CARE ADMINISTRATION; CF
Respondent,
FLORIDA HEALTH SCIENCES CENTER, INC.,
d/b/a TAMPA GENERAL HOSPITAL,
Intervenor.
FINAL ORDER
THIS CAUSE CAME before me for the purpose of issuing a final agency order, upon an
order of Administrative Law Judge Richard A. Hixson, 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 July 11, 2003, Petitioner filed it’s a Notice of Voluntary Dismissal. On July
17, 2003, Administrative Law Judge Richard A. Hixson 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.
rcseysanan wines WLAN EF 9 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. (2002).
Based on the foregoing,
IT IS ADJUDGED THAT:
Continental Medical of Palm Beach, Inc.’s, petition challenging the denial of Certificate
of Need (CON) Application number 9540, which sought to establish a 40-bed freestanding
comprehensive medical rehabilitation hospital (CMR), to be located in on or near the campus of
St. Joseph’s Hospital of Tampa, Hillsborough County, District 6, is dismissed.
wa
DONE and ORDERED this 4 _ day ot _Aiugasl- , 2003, in Tallahassee,
Florida.
Rhonda M. Medows, MD, 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 APPELLATE PROCEDURE. THE NOTICE OF APPEAL MUST
BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED.
Copies furnished to:
Elizabeth McArthur, Esquire
Radney, Thomas & Yon, P.A.
Post Office Box 10967
Tallahassee, Florida 32302
(by U.S. Mail)
iS)
Thomas F, Panza, Esquire
Panza, Maurer & Maynard, P.A.
Bank of America Building, Third Floor
3600 North Federal Highway
Ft. Lauderdale, Florida 33308
(by U.S. Mail)
Richard A. Hixson
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
{ HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by
U.S. Mail, this “t day of. le Le uot , 2003, to the above-named people.
J
7 agen McCharen, Agency Clerk (
Agency for Health Care Administration
2727 Mahan Drive, Mail Stop #3
Tallahassee, Florida 32308
(850) 922-5873
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
CONTINENTAL MEDICAL OF
PALM BEACH, INC.
CASE NO. 02-3231CON
Petitioner,
CON No. 9540
vs.
AGENCY FOR HEALTH CARE
ADMINISTRATION
Respondent,
FLORIDA HEALTH SCIENCES CENTER,
INC., d/b/a TAMPA GENERAL HOSPITAL,
Intervenor.
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.
Respectfully submitted this | 1" day of July, 2003.
PANZA, MAURER & MAYNARD, P.A.
Attorneys for Petitioner, Continental Medical
of Palm Beach, Inc.
3600 N. Federal Highway, Third Floor
Fort Lauderdale, Florida 33308
Telephone: (954) 390-0100
Facsimile: (954) 390-7991
By:
THOMAS F. PANZA, ESQUIRE
Florida Bar No.: 138551
DEBORAH S. PLATZ
Florida Bar No.: 0051225
CERTIFICATE OF SERVICE
JHEREBY CERTIFY that the foregoing has been fax filed to Honorable Richard A. Hixson,
Division of Administrative Hearings, 850-921-6847, The DeSoto Building, 1230 Apalachee
Parkway, Tallahassee, FL 32399-3060; and that a copy has been furnished to the following on this
_{\ aay of July, 2003:
Michael O- Mathis, Esq.
Agency for Health Care Adrninistration
2727 Mahan Drive, Mail Stop #3
Tallahassee, FL 32308-5403
850-413-9313
Elizabeth McArthur, Esq.
Radey Thomas Yon, P.A.
P. O. Box 10967
Tallahassee, FL 32302
850-425-6694
By. [ypnahs, ee
DEBORAH S. PLATZ, ESQUIRE
FACLIENT\O0053\02-14576\Pleadings\Ntc Voluntary Dismissal.doc
Docket for Case No: 02-003231CON
Issue Date |
Proceedings |
Aug. 13, 2003 |
Final Order filed.
|
Jul. 17, 2003 |
Order Closing File. CASE CLOSED.
|
Jul. 11, 2003 |
Notice of Voluntary Dismissal (filed by D. Platz via facsimile).
|
Jul. 01, 2003 |
Notice of Substitution of Counsel and Request for Service (filed by M. Mathis, Esquire).
|
Jun. 23, 2003 |
Order Directing Filing of Status Report. (the parties shall confer and advise the undersigned in writing no later than July 11, 2003, of the status of this matter)
|
May 14, 2003 |
Notice of Filing of Final Order and Motion to Proceed to Final Hearing filed by E. McArthur.
|
Mar. 17, 2003 |
Notice of Change of Address and Substitution of Law Firm filed by E. McArthur.
|
Jan. 27, 2003 |
Order Continuing Case in Abeyance issued (parties to advise status by September 2, 2003).
|
Jan. 14, 2003 |
Response to Order to Show Cause (filed by D. Platz via facsimile).
|
Jan. 09, 2003 |
Order to Show Cause issued. (within ten days from the date of this order to show cause, the parties shall file a response, setting forth the reasons why the file of the Division of Administrative Hearings in this matter should not be closed)
|
Sep. 10, 2002 |
Order Granting Intervention issued. (Florida Health Sciences Center, Inc.)
|
Sep. 04, 2002 |
Order Placing Case in Abeyance issued (parties to advise status by December 4, 2002).
|
Aug. 26, 2002 |
Response to Initial Order and Motion to Place Case in Abeyance (filed by Petitioner via facsimile).
|
Aug. 20, 2002 |
Tampa General`s Petition to Intervene filed.
|
Aug. 16, 2002 |
Initial Order issued.
|
Aug. 14, 2002 |
Continental Medical of Palm Beach, Inc. Petition for Formal Administrative Hearing filed.
|
Aug. 14, 2002 |
Notice (of Agency referral) filed.
|