Elawyers Elawyers
Washington| Change

TEN BROECK JACKSONVILLE, LLC, D/B/A TEN BROECK HOSPITAL vs AGENCY FOR HEALTH CARE ADMINISTRATION, 03-002809CON (2003)

Court: Division of Administrative Hearings, Florida Number: 03-002809CON Visitors: 22
Petitioner: TEN BROECK JACKSONVILLE, LLC, D/B/A TEN BROECK HOSPITAL
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: T. KENT WETHERELL, II
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Jul. 31, 2003
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Friday, April 30, 2004.

Latest Update: Dec. 22, 2024
STATE OF FLORIDA _ AGENCY FOR HEALTH CARE ADMINISTRATION =f TEN BROECK JACKSONVILLE, LLC d/b/a TEN BROECK HOSPITAL, Petitioner, Vv. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, and SHANDS JACKSONVILLE MEDICAL CENTER, INC., Intervenor. / oe SOUTHERN BAPTIST HOSPITAL OF FLORIDA, INC. d/b/a BAPTIST MEDICAL CENTER, Petitioner, vs. STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION and TEN BROECK JACKSONVILLE, LLC d/b/a TEN BROECK HOSPITAL, Respondents, / FINAL ORDER DOAH CASE NC. 03-2809CON AHCA NO. 2003005117 gas DOAH CASE NO. 03-2826CON AHCA NO. 2003005111 THIS CAUSE concerns a Petition for Formal Administrative Hearing that the Petitioner, Ten Broeck Jacksonville, LLC d/b/a Ten Broeck Hospital (“Ten Broeck Hospital”), filed on July 18, 2003; and a Petition for Formal Hearing and to Intervene that the Petitioner, Southern Baptist Hospital of Florida, Inc. (“Southern Baptist”), filed on July 18, 2003. On July 31, 2003, both Petitions were forwarded to the Division of Administrative Hearings by the Agency and assigned to an Administrative Law Judge. On August 11, 2003, the Intervenor, Shands Jacksonville Medical Center, Inc. (“Shands Jacksonville”), filed a Petition to Intervene in DOAH Case No. 03-2809CON. On April 27, 2004, Ten Broeck Hospital filed a Notice of Voluntary Dismissal dismissing its Petition for Formal Administrative Hearing in DOAH Case No. 03-2809CON. On April 29, 2004, Southern Baptist filed a Notice of Voluntary Dismissal dismissing its Petition for Formal Hearing and to Intervene in DOAH Case No. 03-2826CON based upon Ten Broeck Hospital’s Notice of Voluntary Dismissal. On April 30, 2004, the Administrative Law Judge assigned to the cases issued an Order Closing Files based on the Notices of Voluntary Dismissal. IT IS THEREFORE ORDERED AND ADJUDGED THAT: Both Ten Broeck Hospital’s and Southern Baptist’s Petitions are dismissed, Shands Jacksonville’s Petition to Intervene is dismissed as moot, and the Agency’s denial of CON application no. 9651 is upheld. “x DONE and ORDERED this pt day of | J VW~ , 2005, in Tallahassee, Florida. / —— ALAN LEVINE, Secretary AGENCY FOR HEALTH CARE ADMINISTRATION NOTICE OF RIGHT TO JUDICIAL REVIEW A PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER IS ENTITLED TO JUDICIAL REVIEW, WHICH SHALL BE INSTITUTED BY FILING THE ORIGINAL NOTICE OF APPEAL WITH THE AGENCY CLERK OF AHCA, AND A COPY ALONG WITH THE FILING FEE 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 APPELLATE RULES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF THE RENDITION OF THE ORDER TO BE REVIEWED. CERTIFICATE OF SERVICE SEKRIIEESYSSA SO J HEREBY CERTIFY that a true and correct copy of the foregoing Final Order has been furnished by U.S. or interoffice mail to the persons named below on this ZZ? day of Tea _, 2005. RICHARD J. SHOOP, Agency Clerk Agency for Health Care Administration 2727 Mahan Drive, MS#3 Tallahassee, Florida 32308 (850) 922-5873 COPIES FURNISHED TO: David M. Maloney Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 Kenneth W. Gieseking, Esquire Assistant General Counsel Agency for Health Care Administration 2727 Mahan Drive, MS#3 Tallahassee, Florida 32308 Stephen A. Ecenia, Esquire Rutledge, Ecenia, Purnell & Hoffman, P.A. 215 South Monroe Street, Suite 420 Post Office Box 551 Tallahassee, Florida 32302-0551 R. Terry Rigsby, Esquire Carlton Fields, P.A. Post Office Drawer 190 Tallahassee, Florida 32302 Geoffrey D. Smith, Esquire Blank, Meenan & Smith, P.A. 204 South Monroe Street Post Office Box 11068 Tallahassee, Florida 32302-3068 Wendy Adams Facilities Intake Elizabeth Dudek Managed Care & Health Quality

Docket for Case No: 03-002809CON
Issue Date Proceedings
Jul. 01, 2005 Final Order filed.
May 27, 2004 Letter to Judge Wetherell from R. Saliba regarding the Final Order filed.
May 20, 2004 Letter to R. Saliba from Judge Wetherell advising that DOAH has no jurisdiction to consider motion for remand.
May 20, 2004 Motion for Remand (filed by R. Saliba via facsimile).
Apr. 30, 2004 Order Closing File. CASE CLOSED.
Apr. 29, 2004 Notice of Voluntary Dismissal filed in DOAH Case No. 03-2826 by R. Rigsby.
Apr. 27, 2004 Notice of Voluntary Dismissal filed by S. Ecenia.
Apr. 26, 2004 Baptist`s Responses and Legal Objections to Ten Broeck`s Third Request for Production of Documents filed.
Apr. 23, 2004 Baptist`s Motion for Sanctions, Attorney Fees and Other Appropriate Relief Against Ten Broeck filed.
Apr. 19, 2004 Baptist`s Fourth Request for Production of Documents to Ten Broeck Hospital (filed via facsimile).
Apr. 16, 2004 Notice of Taking Depositions Duces Tecum (Ten Broeck Witnesses) filed.
Apr. 15, 2004 Ten Broeck`s First Request to Enter Upon Land of Baptist Medical Center for Inspection and Other Purposes filed.
Apr. 15, 2004 Ten Broeck`s First Request to Enter Upon Land of Shands Jacksonville for Inspection and Other Purposes filed.
Apr. 13, 2004 Baptist`s Request to Enter Upon Land of Ten Broeck Hospital Jacksonville and Proposed Ten Broeck Hospital-Wekiva Springs for Inspection and Other Purposes (filed via facsimile).
Apr. 07, 2004 Baptist`s Response to Ten Broeck`s Motion to Compel filed.
Mar. 31, 2004 Ten Broeck`s Motion to Compel Baptist to Produce Documents Responsive to First Request for Production of Documents and Second Request for Production of Documents filed.
Mar. 26, 2004 Ten Broeck Hospital`s Third Request for Production of Documents to Southern Baptist Hospital of Florida, Inc. d/b/a Baptist Medical Center, Inc. filed.
Mar. 19, 2004 Notice of Service of Shands Jacksonville Medical Center, Inc.`s Response to Tn Broeck Hospital`s First Interrogatories (filed via facsimile).
Mar. 19, 2004 Shands Jacksonville Medical Center, Inc.`s Response to Ten Broeck Hospital`s First Request for Production of Documents (filed via facsimile).
Mar. 19, 2004 Order on Motions to Compel.
Mar. 12, 2004 Response to Motion to Compel Responses to Baptist`s Second Request for Production filed.
Mar. 09, 2004 Amended Notice of Hearing filed by R. Rigsby.
Mar. 08, 2004 Motion to Compel Responses to Baptist`s Second Request for Production filed by R. Rigsby.
Mar. 08, 2004 Notice of Hearing filed by R. Rigsby.
Feb. 27, 2004 Ten Broeck Hospital`s Response to Baptist`s Third Request for Production of Documents filed.
Feb. 26, 2004 Ten Broeck Hospital`s Response to Baptist`s Second Request for Production of Documents filed.
Feb. 23, 2004 Baptist`s Amended Responses and Legal Objections to Ten Broeck`s Second Request for Production of Documents (filed via facsimile).
Feb. 23, 2004 Baptist`s Responses and Legal Objections to Ten Broeck`s Second Request for Production of Documents (filed via facsimile).
Feb. 10, 2004 Order Granting Continuance and Re-scheduling Hearing (hearing set for June 1 through 4 and 7 through 9, 2004; 9:00 a.m.; Tallahassee, FL).
Feb. 06, 2004 Ten Broeck Hospital`s Response to Shands Jacksonville`s First Request for Production of Documents filed.
Feb. 06, 2004 Notice of Service of Ten Broeck Jacksonville, LLC`s Answers and Objections to Shands Jacksonville`s First Set of Interrogatories filed.
Feb. 06, 2004 Response to Motion to Compel filed by S. Ecenia.
Feb. 03, 2004 Baptist`s Response to Ten Broeck`s Motion for Continuance of Final Hearing filed.
Feb. 02, 2004 Motion for Continuance of Final Hearing (filed by R. Ellis via facsimile).
Jan. 29, 2004 Motion to Compel filed by R. Rigsby.
Jan. 28, 2004 Baptists Third Request for Production of Documents to Ten Broeck Hospital (filed via facsimile).
Jan. 27, 2004 Baptist`s Second Request for Production of Documents to Ten Broeck Hospital filed.
Jan. 23, 2004 Ten Broeck Hospital`s Second Request for Production of Documents to Southern Baptist Hospital of Florida, Inc. d/b/a Baptist Medical Center, Inc. filed.
Jan. 23, 2004 Ten Broeck Hospital`s First Request for Production of Documents to Shands Jacksonville Medical Center, Inc. filed.
Jan. 23, 2004 Notice of Service of Ten Broeck Hospital`s First Set of Interrogatories to Shands Jacksonville Medical Center, Inc. filed.
Jan. 08, 2004 Shands Jacksonville Medical Center, Inc.`s First Request for Production of Documents to Ten Broeck Hospital filed.
Jan. 08, 2004 Shands Jacksonville Medical Center, Inc.`s Notice of Service of First Interrogatories to Ten Broeck Hospital filed.
Oct. 06, 2003 Notice of Service of Ten Broeck Jacksonville, LLC`s Answers and Objections to Baptist`s First Set of Interrogatories filed.
Oct. 06, 2003 Ten Broeck Hospital`s Response to Baptist`s First Request for Production of Documents filed.
Sep. 24, 2003 Baptist`s Responses and Legal Objections to Ten Broeck`s First Request for Production of Documents filed.
Sep. 24, 2003 Notice of Service of Baptist`s Answers to Ten Broeck Hospital`s First Set of Interrogatories filed.
Aug. 26, 2003 Order. (Shands Jacksonville Medical Center, Inc.`s petition to intervene is granted)
Aug. 15, 2003 Baptist`s First Request for Production of Documents to Ten Broeck Hospital filed.
Aug. 15, 2003 Notice of Service of Baptist`s First Set of Interrogatories to Ten Brooeck Hospital filed.
Aug. 14, 2003 Order of Pre-hearing Instructions.
Aug. 14, 2003 Notice of Hearing (hearing set for March 15 through 19, 22, and 23, 2004; 9:00 a.m.; Tallahassee, FL).
Aug. 13, 2003 Order of Consolidation issued. (consolidated cases are: 03-002809CON, 03-002826CON)
Aug. 12, 2003 Addendum to Joint Response to Initial Order (filed by Petitioner via facsimile).
Aug. 12, 2003 Joint Response to Initial Order (filed by Petitioner via facsimile).
Aug. 11, 2003 Shands Jacksonville Medical Center, Inc.`s Petition to Intervene (filed via facsimile).
Aug. 01, 2003 Initial Order.
Jul. 31, 2003 Petition for Formal Administrative Hearing filed by S. Ecenia, Esquire.
Jul. 31, 2003 Notice (of Agency referral) filed.
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer