Affinity Hospital, LLC v. Brookwood Health Services, Inc.

Supreme Court of Alabama May 17, 2013

Affinity Hospital, LLC v. Brookwood Health Services, Inc., 129 So. 3d 1033 (Ala. 2013)

Bolin, Bryan, Himself, Main, Moore, Murdock, Parker, Shaw, Stuart, Wise

Opinion of the Court

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.*

Concurring in Part

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.

Reference

Full Case Name: 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)
Status: Published