Hospital’s attorneys tell justices they can prove their case
Published: March 28,2013
CANTON — St. Dominic Health Systems can prove during a trial that it has a binding contract to buy an outpatient surgery clinic in Canton that was improperly sold to a competitor, attorneys for the hospital system told the state Supreme Court yesterday.
St. Dominic attorney Sheldon Alston told the high court that a Madison County judge acted hastily in ruling that its letter of intent did not obligate Madison Ambulatory Surgery Center to be bought by the hospital.
On April 28, 2008, Alston said St. Dominic and MASC officials signed a letter agreeing to a sale price of $800,000. Although the center was no longer in operation, St. Dominic would obtain the certificate of need for running an outpatient surgery center.
St. Dominic sued when MASC’s owner put it back on the market 57 days after the letter was signed because the sale was not completed within 30 days. The owner decided to sell to Health Management Associates, a St. Dominic competitor.
Alston said that the letter of intent amounted to a contract and that the only way to examine the intent of those who signed that contract is to hold a trial.
“What that means is it takes a trial. You make that decision after you put the parties on the stand and explain exactly what happened,” Alston said.
Ed Blackmon Jr., representing MASC, said the Madison County judge rightly found the letter lacked definite terms to be legally thought of as a contract.
Blackmon said St. Dominic was arguing that officials had an agreement until “sometime in the future when they decided to go one way or the other.” He said the letter of intent guaranteed only that the two companies would continue negotiating later, not a sale.
“They (MASC) thought they were bound by the 30 days. They didn’t know St. Dominic didn’t agree,” he said.
To sign up for Mississippi Business Daily Updates, click here.
Mississippi Economic Council
Mississippi Chambers of Commerce
Mississippi State Legislature
Mississippi Development Authority
Mississippi Economic Development Council
North Mississippi News
Social Security Disability Lawyer
Auto Accidents Lawyer
Top Posts & Pages
- Ingalls to lease former SRHS clinic in Gautier for employee medical center
- Miss. surgeon sentenced in tax evasion case
- Shale oil: market correction or longterm direction?
- Aluminum company rumored for Columbus: 'clock' is for website, not plant site
- WRESTLING SUCCESS — Ted DiBiase Jr. leaves ring to become entrepreneur
- Hyatt-Place is Columbus’ newest hotel option
- Pearl ordering rental properties to retrofit with sprinklers, build storm shelters
- Two new casinos like the odds on Mississippi Gulf Coast
- Williams Brothers General Store is something to count on