Brown v. Randolph Hospital, Inc.

The Clerk’s first order (ex parte) authorized the plaintiff to examine the individual defendants and two others with respect to the matters set forth in the rather long and detailed petition. After hearing, on the defendants’ motion the Clerk entered a second order vacating, in toto, the order for examination. On appeal, Judge Brock sustained the Clerk’s second order but remanded the cause to the Clerk with leave granted to the plaintiff “to file an amended application,” if so advised. The plaintiff elected to appeal rather than to amend his application.

Implicit in Judge Brock’s order is his…