Summary
In Horgan v. South Broward Hospital Dist., 477 So.2d 617 (Fla. 4th DCA 1985), the court upheld a hospital's decision to operate its catheterization facility as a "closed lab.
Summary of this case from Hager v. Venice Hosp., Inc.Opinion
Nos. 84-894, 85-938.
September 18, 1985. Rehearing and Rehearing En Banc Denied November 14, 1985.
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.
HERSEY, C.J., and LETTS and BARKETT, JJ., concur.