Adventist Health System in Florida said it will not appeal the decision that voided its merger with Bert Fish Medical Center -- clearing the way for the New Smyrna Beach, FL hospital's return to public control. Circuit Judge Richard Graham ruled last month that the Fish-Adventist merger resulting from meetings illegally closed to the public was not validated in a subsequent "cure" process. Graham found that a redo of the merger resulting in Adventist Health being chosen again in public meetings was not sufficiently independent of the closed meetings that violated the state's Sunshine Law. Whether the seven-member Southeast Volusia Hospital District board will challenge Graham's ruling remained an open question Tuesday. None of the board members could be reached for comment. In a written statement, Adventist Health officials said although they disagree with the ruling, they were giving up the fight for the good of the hospital.