Ex Parte Affinity Hospital, 2100614 (ala.civ.app. 12-9-2011)

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 (“Trinity”), owns and operates a hospital located on Montclair Road in Birmingham (“the Montclair campus”). In November 2006, Trinity applied to the State Health…