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ASPEN ORTHOPAEDICS v. ASPEN VALLEY HOSP.

No. 02-1022.

353 F.3d 832 (2003)

ASPEN ORTHOPAEDICS & SPORTS MEDICINE, LLC, a Colorado limited liability corporation; Gary Brazina, M.D.; Steven Nadler, M.D., Plaintiffs-Appellees, v. ASPEN VALLEY HOSPITAL DISTRICT, a Colorado corporation, Defendant-Appellant, and Orthopedic Associates of Aspen and Glenwood Springs, P.C., a Colorado professional corporation; John Freeman, M.D., individually and as Chief Executive Officer and owner and member of Orthopedic Associates of Aspen and Glenwood Springs, P.C.; Robert Hunter, M.D.; Thomas Pevny, M.D.; Mark Purnell, M.D., individually and as owners and members of Orthopedic Associates of Aspen and Glenwood Springs, P.C.; Aspen Emergency Medicine, P.C., a Colorado professional corporation; John "Bud" Glissman, M.D., individually, as Chief Executive Officer, as an owner and member of Aspen Emergency Medicine, P.C. and as Director of the Emergency Department at Aspen Valley Hospital; J. Stevens Ayers, D.O.; Marion Berg, M.D.; Christopher Marinez, M.D., individually and as owners and members of Aspen Emergency Medicine, P.C., Defendants.

United States Court of Appeals, Tenth Circuit.

December 22, 2003.

Attorney(s) appearing for the Case

Katherine Taylor Eubank (Daniel M. Fowler, with her on the briefs), Fowler, Schimberg, & Flanagan, P.C., Denver, CO, appearing for Appellant.

Brian E. Bates, Antonio Bates Bernard Professional Corporation, (Sander N. Karp and Julie C. Berquist, Leavenworth & Karp, P.C., and Thomas P. McMahon, Powers Phillips, P.C., Denver, CO, with him on the brief), appearing for Appellee.

Before TACHA, Chief Circuit Judge, ANDERSON, and BRISCOE, Circuit Judges.

TACHA, Chief Circuit Judge.

Defendant-Appellant Aspen Valley Hospital District ("the Hospital") brings this interlocutory appeal of the district court's denial of its claim that the Colorado Governmental Immunity Act grants it immunity from suit. We consider two issues on appeal. First, do we have subject matter jurisdiction to hear interlocutory appeals from the denial of immunity from suit when state law creates the immunity? Second, did the district court correctly...

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