Summary
ruling on a motion seeking a factual determination that the hospital had breached its by-laws was not a partial summary judgment, because it did not result in a ruling on liability entitling doctor to recover on his claim asserting wrongful termination of his hospital privileges
Summary of this case from Guzman v. LinkOpinion
A97A1195, A97A1196.
DECIDED SEPTEMBER 17, 1997.
Summary judgment. Muscogee Superior Court. Before Judge Followill.
Allen Peters, Paul E. Weathington, Gary R. McCain, Jonathan M. Petty, Love Willingham, Robert P. Monyak, for appellants.
Chilivis, Cochran, Larkins Bever, Anthony L. Cochran, John K. Larkins, Jr., James D. Durham, for appellee.
This litigation arises from the termination of the hospital privileges of Dr. Robert M. Patton, M.D., at Saint Francis Hospital, Inc. In his lawsuit, Dr. Patton sought injunctive relief and monetary damages from the Hospital, and alleged 22 violations by the Hospital of its medical staff by-laws. Dr. Patton moved for summary judgment on two of his claims: (1) The Hospital violated its by-laws by conducting a hearing before an ad hoc committee rather than before the Medical Staff Executive Committee, and (2) The Hospital violated its by-laws by adopting a resolution revoking his medical staff privileges.
In Case No. A97A1195, Saint Francis Hospital and Dr. Fred M. Burdette appeal the grant of summary judgment to Dr. Robert M. Patton, M.D., on Dr. Patton's claim that the Hospital violated its by-laws when the Medical Staff Executive Committee adopted the resolution revoking his privileges. In Case No. A97A1196, Dr. Patton appeals the denial of his motion for summary judgment on his claim that the Hospital violated its by-laws by revoking his medical privileges. Held:
1. Our first consideration is whether we have jurisdiction to consider these appeals. Atlantic-Canadian Corp. v. Hammer, Siler c. Assoc., 167 Ga. App. 257 ( 306 S.E.2d 22). We conclude that we do not. In Robinson v. Franwylie, Inc., 145 Ga. App. 507, 509 (1) ( 244 S.E.2d 73), we recognized that OCGA § 9-11-56 (d) "does not authorize the initiation of motions of which the sole object is to adjudicate issues of fact which are not dispositive of any claim or part thereof." In this case Dr. Patton's motion sought only a determination that the defendants had breached the Hospital's by-laws and not a ruling that he was entitled to recover on his claim. Dr. Patton's brief acknowledges this fact. Accordingly, the grant of this motion was not a grant of summary judgment subject to direct appeal under OCGA § 9-11-56 (h), ( Planet Ins. Co. v. Ferrell, 228 Ga. App. 264 ( 491 S.E.2d 471)). And, this appeal must be dismissed. Richardson v. Gen. Motors Corp., 221 Ga. App. 583 ( 472 S.E.2d 143); Church v. Bell, 213 Ga. App. 44 ( 443 S.E.2d 677).
2. Because we have no jurisdiction to consider the main appeal, Dr. Patton's cross appeal must be dismissed as well. Moreover, we note that this motion also was not a proper motion for summary judgment.
Appeals dismissed. Ruffin and Eldridge, JJ., concur.