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VANTAGE HEALTHCARE v. HEALTH CARE ADMIN.

No. 96-1437.

687 So.2d 306 (1997)

VANTAGE HEALTHCARE CORPORATION, d/b/a Beverly Manor Rehabilitation and Specialty Care Center at Manatee County, Appellant, v. AGENCY FOR HEALTH CARE ADMINISTRATION and Manatee Springs Nursing Center, Inc., Appellees.

District Court of Appeal of Florida, First District.

January 27, 1997.

Attorney(s) appearing for the Case

Douglas L. Mannheimer and Jay Adams of Broad and Cassel, Tallahassee, for Appellant.

John F. Gilroy, Senior Attorney, Agency for Health Care Administration, and David C. Ashburn of Gunster, Yoakley, Valdes-Fauli & Stewart, P.A., Tallahassee, for Appellees.

DAVIS, Judge.

Vantage Healthcare Corporation (Vantage) appeals a final order of the Agency for Health Care Administration (AHCA) awarding a certificate of need (CON) to Manatee Springs Nursing Center, Inc. (Manatee), and denying the application of Vantage. The sole issue is whether AHCA erred in accepting a late filed letter of intent from Manatee. Concluding that the agency erred in departing from the clear and express requirements of its own rule, we reverse.

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