DUCKWORTH PATHOLOGY GROUP, INC., A PROFESSIONAL ASSOCIATION v. THE REGIONAL MEDCIAL CENTER AT MEMPHIS (THE MED) - Articles

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Posted by: Tanja Trezise on Apr 17, 2014

Court: TN Court of Appeals

Attorneys 1:

Odell Horton, Jr., Kacey L. Faughnan, Ahsaki E. Baptist, Memphis, Tennessee, for the appellant, Duckworth Pathology Group, Inc.

Attorneys 2:

Saul C. Belz, Michael D. Tauer, Memphis, Tennessee, for the appellee, Shelby County Healthcare Corp., d/b/a The Regional Medical Center at Memphis

Judge(s): HIGHERS

A surgical pathology group filed this action in chancery court, claiming that the Med violated its own rules and acted arbitrarily and capriciously by failing to award the petitioner with a contract after a lengthy request for proposals process. The petition stated that the chancery court had subject matter jurisdiction over the matter pursuant to the statutes governing petitions for certiorari. The trial court granted the Med’s motion to dismiss for numerous reasons, including lack of jurisdiction. We find that the petition was not subject to dismissal for lack of subject matter jurisdiction, and we reverse the trial court’s finding to the contrary. However, due to the petitioner’s failure to appeal the trial court’s alternative grounds for dismissal, we find it unnecessary to consider the issues raised on appeal, and we otherwise affirm the order of dismissal.

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