ex parte Brookwood Health Servs., Inc.

Not overruled or negatively treated on appealinfoCoverage
Supreme Court of Alabama.May 17, 2013
129 So. 3d 1033 (Ala. 2013)

1120495 and 1120499.

2013-05-17

Ex parte BROOKWOOD HEALTH SERVICES, INC., d/b/a Brookwood Medical Center. (In re Affinity Hospital, LLC, d/b/a Trinity Medical Center of Birmingham v. Brookwood Health Services, Inc., d/b/a Brookwood Medical Center). Ex parte St. Vincent's Health System. (In re Affinity Hospital, LLC, d/b/a Trinity Medical Center of Birmingham v. St. Vincent's Health System).

Petition for Writ of Certiorari to the Court of Civil Appeals (Montgomery Circuit Court, CV–10–1587; Court of Civil Appeals, CV–2111015) (Montgomery Circuit Court, CV–10–901590; Court of Civil Appeals, 2111014); Jimmy B. Pool, J. James E. Williams, J. Flynn Mozingo, and C. Mark Bain of Melton, Espy & Williams, PC, Montgomery, for petitioner Brookwood Health Services, Inc., d/b/a Brookwood Medical Center. David M. Hunt and Joseph W. Carlisle of Gilpin Givhan, P.C., Birmingham, for petitioner St. Vincent's Health System.


Petition for Writ of Certiorari to the Court of Civil Appeals (Montgomery Circuit Court, CV–10–1587; Court of Civil Appeals, CV–2111015) (Montgomery Circuit Court, CV–10–901590; Court of Civil Appeals, 2111014); Jimmy B. Pool, J.
James E. Williams, J. Flynn Mozingo, and C. Mark Bain of Melton, Espy & Williams, PC, Montgomery, for petitioner Brookwood Health Services, Inc., d/b/a Brookwood Medical Center. David M. Hunt and Joseph W. Carlisle of Gilpin Givhan, P.C., Birmingham, for petitioner St. Vincent's Health System.
Submitted on petitioners' briefs only.


Prior report; Ala.Civ.App., 129 So.3d 1022. MOORE, Chief Justice.


1120495—WRIT DENIED. NO OPINION.

1120499—WRIT DENIED. NO OPINION. STUART, BOLIN, PARKER, MAIN, and WISE, JJ., concur.
MURDOCK and SHAW, JJ., concur in part and dissent in part.

BRYAN, J., recuses himself.


MURDOCK, Justice (concurring in part and dissenting in part).


I concur in the denial of certiorari with regard to the application of the 60% occupancy rule in Rule 410–2–4–.14(3)(b), Ala. Admin. Code (SHPDA), as prescribed by § 22–21–266, Ala.Code 1975. I respectfully dissent as to the denial of certiorari with respect to the alleged conflict between the decision of the Court of Civil Appeals in these cases and the decision of this Court in Ex parte Shelby Medical Center, Inc., 564 So.2d 63 (1990).

SHAW, J., concurs.

Justice Bryan was a member of the Court of Civil Appeals when that court considered these cases.