Margolin v. MORTON F. PLANT HOSP. ASS'N. INC.
Cases that cite this one
10 later published cases cite this decision. The 9 that cite it most often are listed here.
- Samuel v. Herrick Memorial Hospital (6th Cir. 2000)
- Gianetti v. Norwalk Hospital (Conn. 1989)
- Richard A. Bolt and Richard A. Bolt, M.D. v. Halifax Hospital Medical Center (11th Cir. 1988)
- Scheller v. American Medical Intern., Inc. (Fla. Dist. Ct. App. 1987)
- Mahfouz El Shahawy, M.D., Etc. v. William T. Harrison, Jr., Etc. (11th Cir. 1986)
- Lawler v. Eugene Wuesthoff Memorial Hosp. (Fla. Dist. Ct. App. 1986)
- PALM BEACH-MARTIN CTY. MEDICAL CTR. v. Panaro (Fla. Dist. Ct. App. 1983)
- Carida v. Holy Cross Hosp., Inc. (Fla. Dist. Ct. App. 1983)
- Rew v. University Community Hospital, Inc. (Florida Circuit Courts 1983)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Jerry A. MARGOLIN, M.D., Appellant,
v.
MORTON F. PLANT HOSPITAL ASSOCIATION, INC., et al., Appellees.
District Court of Appeal of Florida, Second District.
F. Wallace Pope, Jr., of Johnson, Blakely, Pope & Bokor, Clearwater, for appellant.
James A. Martin, Jr., and Emil C. Marquardt, Jr., of McMullen, Everett, Logan, Marquardt & Cline, Clearwater, for appellees.
PER CURIAM.
This is an interlocutory appeal from an order granting a motion to dismiss with prejudice Count IV of the amended complaint. The trial court found that this count did not state a cause of action.
In Count IV the appellant/doctor asserts that he was denied fundamental due process rights by appellee/Morton Plant Hospital Association, Inc. in removing him from the hospital staff. Even though the hospital in question is a private hospital[1] this count states a cause of action for injunctive relief because it includes allegations that in the course of revoking the appellant's staff privileges the hospital substantially departed from the provisions of its own bylaws. McElhinney v. William Booth Memorial Hospital, 544 S.W.2d 216 (Ky. 1977); Berberian v. Lancaster Osteopathic Hospital Asso., 395 Pa. 257, 149 A.2d 456 (1959); Joseph v. Passaic Hospital Asso., 26 N.J. 557, 141 A.2d 18 (1958).
REVERSED and REMANDED for proceedings consistent with this opinion.
BOARDMAN, C.J., and HOBSON and GRIMES, JJ., concur.
NOTES
[1] West Coast Hospital Association v. Hoare, 64 So.2d 293 (Fla. 1953); Moles v. White, 336 So.2d 427 (Fla.2d DCA 1976).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.