The Alabama Court of Civil Appeals has ruled in favor of Trinity Medical Center in Birmingham, Ala., overturning a lower court's decision to have the state's certificate of need review board reconsider a previously approved CON for the hospital, according to a Trinity news release.
In Sept. 2010, Trinity received certificate of need approval from the Alabama Certificate of Need Review Board to build a new facility near Highway 280. However, Brookwood Medical Center and St. Vincent's Hospital, both in Birmingham, appealed the CON and eventually filed an appeal with the Circuit Court of Montgomery County. In March of this year, Judge Jimmy Pool remanded the case back to the review board. Trinity appealed the Circuit Court's ruling, asking the higher court to issue a Writ of Mandamus, vacating the ruling. In its recent decision, the Appeals Court determined the Circuit Court lacked the authority to remand the case and issued a Writ of Mandamus directing the Circuit Court to vacate its order.
The decision sends the case back to Judge Pool, where he is expected to consider Trinity's motion to dismiss the appeals by the two competing hospitals.
Data Breach at Alabama's Trinity Hospital Affects 4,500 Patients
In Sept. 2010, Trinity received certificate of need approval from the Alabama Certificate of Need Review Board to build a new facility near Highway 280. However, Brookwood Medical Center and St. Vincent's Hospital, both in Birmingham, appealed the CON and eventually filed an appeal with the Circuit Court of Montgomery County. In March of this year, Judge Jimmy Pool remanded the case back to the review board. Trinity appealed the Circuit Court's ruling, asking the higher court to issue a Writ of Mandamus, vacating the ruling. In its recent decision, the Appeals Court determined the Circuit Court lacked the authority to remand the case and issued a Writ of Mandamus directing the Circuit Court to vacate its order.
The decision sends the case back to Judge Pool, where he is expected to consider Trinity's motion to dismiss the appeals by the two competing hospitals.
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