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EX PARTE AFFINITY HOSP., LLC

2100614 and 2100630.

85 So.3d 1033 (2011)

Ex parte AFFINITY HOSPITAL, LLC, d/b/a Trinity Medical Center of Birmingham. (In re: Brookwood Health Services, Inc., d/b/a Brookwood Medical Center v. Affinity Hospital, LLC, d/b/a Trinity Medical Center of Birmingham et al. and In re: St. Vincent's Health System v. Affinity Hospital, LLC, d/b/a Trinity Medical Center of Birmingham et al.). Affinity Hospital, LLC, d/b/a Trinity Medical Center of Birmingham v. Brookwood Health Services, Inc., d/b/a Brookwood Medical Center, and St. Vincent's Health System.

Court of Civil Appeals of Alabama.

December 9, 2011.

Attorney(s) appearing for the Case

David R. Boyd , Colin H. Luke , Carey B. McRae , and Ed R. Haden of Balch & Bingham LLP, Birmingham; and Robert D. Segall of Copeland, Franco, Screws & Gill, P.A., Montgomery, for petitioner/appellant Affinity Hospital, LLC, d/b/a Trinity Medical Center of Birmingham.

James W. Williams , J. Flynn Mozingo , and C. Mark Bain of Melton, Espy & Williams, PC, Montgomery, for respondent/appellee Brookwood Health Services, Inc., d/b/a Brookwood Medical Center.

David M. Hunt , Mitchel H. Boles , and Joseph W. Carlisle of Johnston, Barton, Proctor & Rose LLP, Birmingham, for respondent/appellee St. Vincent's Health System.

PER CURIAM.

This case concerns whether the Montgomery Circuit Court, sitting in its appellate capacity, had the authority to remand a case to an agency for further evidentiary proceedings. We conclude that the circuit court lacked such authority, and we issue a writ of mandamus directing the circuit court to vacate its remand order.

Factual Background and Procedural History

Affinity Hospital, LLC, d/b/a Trinity Medical Center of Birmingham...

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