UHS-Qualicare, Inc. v. Gulf Coast Community Hospital, Inc.

The majority opinion in this case misstates the issue, ignores several key facts in the dispute between Gulf Coast and UHS-Qualicare, and conveniently preempts our long-established scope of review where the trial judge, sitting without a jury, makes findings of fact.

But worst of all, the majority does all this by way of an advisory opinion. We sustained the joint stipulation of dismissal, filed jointly by both parties on petition for rehearing. We today remand to the trial court for ultimate disposition.

In circumstances such as this it is our custom to withdraw the opinion. Cook v. Taylor,…