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LLOYD NOLAND FOUNDATION v. TENET HEALTH CARE CORP.

No. 04-16534.

483 F.3d 773 (2007)

LLOYD NOLAND FOUNDATION, INC., The, an Alabama nonprofit corporation, Plaintiff, v. TENET HEALTH CARE CORPORATION, a corporation, Defendant-Third Party-Plaintiff-Counter-Defendant-Appellant, Fairfield Healthcare Authority, City of, Third Party-Defendant-Counter-Claimant-Appellee, HealthSouth Corporation, Third Party-Defendant-Appellee. Tenet Healthsystem Medical, Inc., a corporation, Plaintiff-Counter-Defendant-Third Party-Plaintiff-Appellant, v. Lloyd Noland Foundation, Inc., an Alabama nonprofit corporation, Defendant-Counter-Claimant, Fairfield Healthcare Authority, Third Party-Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 4, 2007.

Attorney(s) appearing for the Case

Susan Salonimer Wagner, J. Forrest Hinton, Jr., Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Birmingham, AL, for Tenet Health Care.

Joel Scott Isenberg, Smith & Ely, L.L.P., Bruce F. Rogers, Bainbridge, Mims & Rogers, Charles K. Hamilton, Bainbridge, Mims, Rogers & Smith, LLP, Carol A. Smith, Carol Ann Smith, P.C., Birmingham, AL, Walter R. Byars, Montgomery, AL, for Appellees.

Before TJOFLAT and PRYOR, Circuit Judges, and GEORGE, District Judge.

TJOFLAT, Circuit Judge:

This appeal asks us to interpret an indemnity provision under Alabama law. The district court granted summary judgment in favor of the third-party defendants on a claim based on this indemnity provision, but left another count of the third-party complaint undecided. That count also sought indemnity but was premised on Alabama common law rather than the indemnity provision itself. The district court entered partial judgment on the contractual...

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