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HOPE OF SOUTHWEST FLORIDA, INC. vs AGENCY FOR HEALTH CARE ADMINISTRATION, 05-001128CON (2005)

Court: Division of Administrative Hearings, Florida Number: 05-001128CON Visitors: 5
Petitioner: HOPE OF SOUTHWEST FLORIDA, INC.
Respondent: AGENCY FOR HEALTH CARE ADMINISTRATION
Judges: CHARLES A. STAMPELOS
Agency: Agency for Health Care Administration
Locations: Tallahassee, Florida
Filed: Mar. 24, 2005
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, December 7, 2006.

Latest Update: Dec. 26, 2024
STATE OF FLORIDA os AGENCY FOR HEALTH CARE ADMINISTRATION ~* HOPE OF SOUTHWEST FLORIDA, INC., Petitioner, DOAH Case No. 05-1128CON AHCA No. 2005002326 vs. CON 9830 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, Respondent, and HOSPICE OF NAPLES, INC., Intervenor. / FINAL ORDER THIS CAUSE concerns Petitions for Formal Administrative Proceedings. Petitioner, Hope of Southwest Florida, Inc. filed a Petition on or about March 16, 2005, and Hospice of Naples, Inc. filed a Petition to Intervene on March 28, 2005. These Petitions related to the Agency’s denial of Certificate of Need Application 9830. On or about March 24, 2005, the two Petitions were forwarded to the Division of Administrative Hearings (DOAH) by the Agency and assigned to Charles A. Stampelos, Administrative Law Judge. This case was filed under DOAH Case No. 05-1128CON. FINDINGS OF FACT 1. On or about December 7, 2006, Hope of Southwest Florida, Inc. withdrew its CON application No. 9830 and then filed a Notice of Voluntary Dismissal of its Petition at DOAH, attached hereto as Ex. A. 2. On or about December 7, 2006, the Administrative Law Judge assigned to the case issued an Order Closing File based on the Notice of Voluntary Dismissal, attached hereto as Ex. B. 3. The Agency hereby adopts and incorporates by reference the attached Notice of Voluntary Dismissal and Order Closing File. 4. 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. (2006). Based on the foregoing, IT IS THEREFORE ORDERED AND ADJUDGED THAT: The Petitions for Formal Administrative Proceedings pending before the Agency are hereby dismissed. The Agency’s denial of Certificate of Need Application 9830 is upheld. DONE and ORDERED thisokiP—day of Feb wvar\ _, 2007, in Tallahassee, Florida. Andrew C. Agwunobi, M.D., 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: Counsel for: Hospice of Naples, Inc. Robert D. Newell, Esquire New & Terry, P. A. 817 North Gadsden Street Tallahassee, Florida 32303 (by U.S. Mail) Counsel for: Hope of Southwest Florida, Inc. J Robert Griffin, Esquire J Robert Griffin, P.A. 1342 Timberlane Road, #102-A Tallahassee, Florida 32312 Charles A. Stampelos Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399 (by U.S. Mail) Michael O. Mathis, Esq. Assistant General Counsel Agency for Health Care Administration 2727 Mahan Drive Bldg #3 Mail Stop Code #3 Tallahassee, Florida 32308 (Interoffice Mail) Elizabeth Dudek Deputy Secretary Agency for Health Care Administration 2727 Mahan Drive Bldg #1 Mail Stop Code #9 Tallahassee, Florida 32308 (Interoffice Mail) Jeffrey Gregg Chief Bureau of Health Facility Regulation Agency for Health Care Administration 2727 Mahan Drive Bldg #1 Mail Stop Code #28 Tallahassee, Florida 32308 (Interoffice Mail) Jan Mills (Interoffice Mail) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by U.S. Mail, this Say of Ltbrck , 2007, to the above-named people. Richard Shoop, Agency = Agency for Health Care Administration 2727 Mahan Drive, Mail Stop #3 Tallahassee, Florida 32308 (850) 922-5873

Docket for Case No: 05-001128CON
Issue Date Proceedings
Mar. 02, 2007 Final Order filed.
Dec. 07, 2006 Order Closing File. CASE CLOSED.
Dec. 07, 2006 Hope of Southwest Florida, Inc.`s Notice of Voluntary Dismissal filed.
Dec. 07, 2006 Notice of Telephonic Hearing on Motion for Protective Order and Pretrial Conference filed.
Dec. 05, 2006 Motion for Protective Order filed.
Dec. 01, 2006 Notice of Telephonic Pretrial Conference filed.
Nov. 30, 2006 Amended Order.
Nov. 27, 2006 Notice of Service of Petitioner, Hope of Southwest Florida, Inc.`s Second Set of Interrogatories to Hopice of Naples, Inc. filed.
Nov. 27, 2006 Notice of Service of Petitioner, Hope of Southwest Florida, Inc.`s First Set of Interrogatories to Hopice of Naples, Inc. filed.
Nov. 22, 2006 Order (parties have agreed to meet on December 8, 2006, to formulate a proposed order of pre-hearing instructions, which shall be filed the week of December 11, 2006).
Nov. 22, 2006 Motion for Protective Order filed.
Nov. 22, 2006 Motion for Continuance filed.
Nov. 15, 2006 Hospice of Naples, Inc.`s First Request for Production of Documents to Hope of Southwest Florida, Inc. filed.
Nov. 09, 2006 Notice of Service of Hospice of Naples, Inc.`s First Set of Interrogatories to Hope of Southwest Florida, Inc. filed.
Nov. 09, 2006 Notice of Taking Deposition Duces Tecum filed.
Nov. 08, 2006 Hope of Southwest Florida, Inc.`s First Requests for Production of Documents to Hospice of Naples, Inc. filed.
Nov. 07, 2006 Notice of Appearance of Additional Counsel for Hope of Southwest Florida, Inc. (filed by W. Watkins).
May 01, 2006 Notice of Substitution of Counsel and Request for Service (filed by M. Mathis).
Apr. 11, 2006 Second Amended Order of Pre-hearing Instructions.
Mar. 22, 2006 Amended Order of Pre-hearing Instructions.
Mar. 17, 2006 Notice of Appearance (filed by T. Elliott).
Mar. 09, 2006 Order of Pre-hearing Instructions.
Mar. 09, 2006 Notice of Hearing (hearing set for March 5 through 9 and 12 through 16, 2007; 9:00 a.m.; Tallahassee, FL).
Mar. 08, 2006 Joint Status Report and Motion to Schedule Case for Formal Administrative Hearing filed.
Jan. 04, 2006 Order Continuing Case in Abeyance (parties to advise status by March 6, 2006).
Jan. 03, 2006 Joint Status Report and Motion to Continue Case in Abeyance filed.
Aug. 24, 2005 Notice of Transfer.
Apr. 12, 2005 Order Continuing Case in Abeyance (parties to advise status by December 30, 2005).
Apr. 04, 2005 Order Placing Case in Abeyance (parties to advise status by December 16, 2005).
Apr. 04, 2005 Order Granting Intervention (Hospice of Naples, Inc.).
Mar. 28, 2005 Hospice of Naples, Inc.`s Petition to Intervene filed.
Mar. 25, 2005 Initial Order.
Mar. 24, 2005 Pages from Florida Administrative Weekly Volume 31, Number10 filed.
Mar. 24, 2005 Petition for Formal Administrative Hearing filed.
Mar. 24, 2005 Notice (of Agency referral) filed.
Source:  Florida - Division of Administrative Hearings

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