Jerry N. Black, M.D. v. St. Joseph's Hospital of Buckhannon, Inc.

KETCHUM, Justice:

Petitioner/defendant below, Dr. Jerry N. Black (“Dr. Black”), appeals from an order of the Circuit Court of Upshur County granting summary judgment in favor of respondent/plaintiff below, St. Joseph’s Hospital of Buckhannon, Inc. (“hospital”). The hospital filed a complaint for declaratory judgment asking the circuit court to declare that an “Option to Repurchase” agreement it entered into with Dr. Black was an option contract rather than a “right of first refusal.” The hospital’s complaint did not seek a determination of whether the “Option to Repurchase” agreement was a…