Legal Opinion

Doctors Hosp. of Augusta, LLC v. Ga. Dep't of Cmty. Health

Court of Appeals of Georgia

Decided February 14, 2018No. A17A1902PublishedCited by 6 opinions

1Opinion of the Court

Self, Judge.

Doctors Hospital of Augusta, LLC appeals from a superior court's order dismissing its petition for judicial review challenging the Georgia Department of Community Health's decision to grant a certificate of ceed ("CON") to MCG Health, Inc. d/b/a Georgia Regents Medical Center ("Georgia Regents").1 Doctors Hospital asserts that the trial court erred for numerous alternative reasons when it relied upon the prior pending action doctrine to dismiss its case. For the reasons explained below, we reverse.

We conduct a de novo review of a trial court's order dismissing a case based upon…

2Cases cited6 opinions

  1. Bhindi Bros. v. PatelCourt of Appeals of Georgia · 2005
  2. Brock v. C & M Motors, Inc.Court of Appeals of Georgia · 2016
  3. International Telecommunications Exchange Corp. v. MCI Telecommunications Corp.Court of Appeals of Georgia · 1994
  4. Action Staffing v. Spalding Ford-Lincoln-MercuryCourt of Appeals of Georgia · 1991
  5. Scott v. RakestrawCourt of Appeals of Georgia · 2001

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3Cited by6 opinions

  1. Chaim Rabhan, as Natural Guardian of David Rabhan, Mattel Rabhan, Shoshana Rabhan, Tzvi Rabhan, and as Representative of Chaim Rabhan IRA, Rabbi Ephraim Rabhan, Individually and as Natural Guardian of Chana Rabhan, Moshe Rabhan, and as Representative of Rabbi Ephraim Rabhan IRA, Fred Rabhan, Individually and as Trustee of the Hey Family Trust, Sabrina Rabhan, Eve Rabhan, Ester Rabhan as Representative of the Ester Rabhan IRA, Yaakov Rabhan, and Yedida Rabhan v. Dean Flake; Wells Fargo Bank, National Association (Inc.); and Truist BankDistrict Court, S.D. Georgia · 2026
  2. Michael Kooden, Barbara Kooden, Jan Feehley, and George Feehley v. Dean Flake; Wells Fargo Bank, National Association (Inc.); and Truist BankDistrict Court, S.D. Georgia · 2026
  3. REDMOND PARK HOSPITAL LLC D/B/A REDMOND REGIONAL MEDICAL CENTER v. TANNER MEDICAL CENTER, INC D/B/A TANNER MEDICAL CENTER-CARROLLTONCourt of Appeals of Georgia · 2021
  4. ROCHELLE JAVETZ v. DEAN FLAKE; WELLS FARGO BANK, NATIONAL ASSOCIATION (INC.); and TRUIST BANKDistrict Court, S.D. Georgia · 2026
  5. Rabbi Avigdor Slatus, Rita Slatus, Yaakov Slatus, Shlomo Slatus v. Dean Flake; Wells Fargo Bank, National Association (Inc.); and Truist BankDistrict Court, S.D. Georgia · 2026

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