Summary
The Supreme Court of Georgia held that the law of the case did not give Bank One veto power over the selection of an independent manager for Southern Healthcare System’s facilities. Because the trial court’s potential appointment of a receiver was contingent on a future failure to agree on a manager, issues concerning receivership were hypothetical and not presently reviewable.
Court
Supreme Court of Georgia
Jurisdiction
Georgia
Decision date
May 13, 2002
Disposition
affirmed
Questions Presented
- Whether the law-of-the-case doctrine prevented the trial court from excluding Bank One from continued participation in selecting an independent manager.
- Whether the Supreme Court could review the trial court's conditional provision for appointment of a receiver when no receiver had yet been appointed.
Holdings
- The prior decision did not give Bank One veto power over selection of the independent manager. It required Health Care Capital Consolidated to act in conjunction with the senior lender by seeking its input, but did not make selection contingent on the senior lender's approval. Because Bank One declined to participate, the trial court correctly treated Southern Healthcare System as the only remaining participant in the selection process.
- The conditional appointment of a receiver was hypothetical and was not reviewable because the trial court had not actually appointed a receiver. Any challenge to a receiver appointment could be brought after an actual appointment and timely appeal from that order.
Court Document
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