Horgan v. South Broward Hosp. Dist., s. 84-894
| Citation | 477 So.2d 617,10 Fla. L. Weekly 2179 |
| Decision Date | 18 September 1985 |
| Docket Number | 85-938,Nos. 84-894,s. 84-894 |
| Parties | 10 Fla. L. Weekly 2179 Joseph T. HORGAN, M.D., Appellant, v. SOUTH BROWARD HOSPITAL DISTRICT, Appellee. Joseph T. HORGAN, M.D., Petitioner, v. SOUTH BROWARD HOSPITAL DISTRICT, d/b/a Memorial Hospital, Respondent. |
| Court | Court of Appeal of Florida (US) |
Consolidated appeal and petition for writ of certiorari to the South Broward Hospital District.
Bryon B. Mathews, Jr., of McDermott, Will & Emery, Tallahassee, for Joseph T. Horgan, appellant/petitioner.
Clarke Walden, P.A., Dania, and Davis W. Duke, Jr., of McCune, Hiaasen, Crum, Ferris & Gardner, P.A., Fort Lauderdale, for South Broward Hosp. Dist., appellee/respondent.
Joseph Horgan, M.D., has filed both an appeal and a petition for certiorari seeking review of an adverse ruling of the South Broward Hospital District, d/b/a Memorial Hospital. We consolidate both actions and determine that the administrative action taken by the South Broward Hospital District should be reviewed by way of appeal because the South Broward Hospital District is "primarily acting" as a state agency. See Lee v. South Broward Hospital District, d/b/a Memorial Hospital, 473 So.2d 1322 (Fla. 4th DCA, 1985).
We have reviewed the record and find that it contains competent, substantial evidence to support the administrative action taken. Accordingly, the decision of the South Broward Hospital District to operate its catheterization laboratory as a "closed lab" is hereby affirmed.
AFFIRMED.
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