Florida District Courts of Appeal, 1984

University Community Hospital v. Tampa Heart Institute

University Community Hospital v. Tampa Heart Institute
Florida District Courts of Appeal · Decided February 17, 1984 · Campbell, Grimes, Scheb
445 So. 2d 410; 1984 Fla. App. LEXIS 11793 (Southern Reporter, Second Series)

University Community Hospital v. Tampa Heart Institute

Opinion of the Court

ON MOTION TO DISMISS

PER CURIAM.

This appeal is taken from an order of the hearing officer, Division of Administrative Hearings, denying appellant’s petition for leave to intervene in a proceeding to determine whether to issue a certificate of need for a cardiac care specialty hospital. Ap-pellee, Tampa Heart Institute, has moved to dismiss, contending that the order of the hearing officer is merely a recommended order and can only be finally disposed of by the agency involved, the Department of Health and Rehabilitative Services. We agree. See section 120.52(ll)(c), Florida Statutes (1983), and Department of Professional Regulation v. LeBaron, 443 So.2d 225 (Fla. 1st DCA 1983). Accordingly, the motion is granted and this appeal is hereby dismissed.

GRIMES, A.C.J., and SCHEB and CAMPBELL, JJ., concur.

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