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UHS-QUALICARE, INC. v. GULF COAST COM. HOSP., INC.

No. 56389.

525 So.2d 746 (1987)

UHS-QUALICARE, INC., UHS of the Gulf Coast, Inc., and Qualicare Sub., Inc., et al. v. GULF COAST COMMUNITY HOSPITAL, INC., Safecare Company, Inc., S.C. Longview, Inc., Stephen R. Jepson, J. Stephen Wright, and Larry W. Wells.

Supreme Court of Mississippi.

August 19, 1987.

Attorney(s) appearing for the Case

George P. Hewes, III, J. Perry Sansing, Brunini, Grantham, Grower & Hewes, Jackson, Floyd J. Logan, Alben N. Hopkins, Hopkins, Vaughn & Anderson, Gulfport, James Nespole, Glen Banks, Reavis & McGarth, New York City, for appellants.

William M. Rainey, Franke, Rainey & Salloum, Gulfport, Christopher I. Brain, William H. Block, Seattle, Wash., for appellees.

Before WALKER, C.J., and ROBERTSON and ANDERSON, JJ.

ROBERTSON, Justice, for the Court:

I.

This declaratory judgment action arises out of a hospital management contract. The hospital drew first blood as it secured a trial court declaration that it had lawfully terminated the contract by reason of the manager's material breaches. We reverse and render, holding the breaches not sufficient to support the radical remedy of termination, for the reason that the contract vested in the hospital authority to cure immediately...

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