State v. Forest Manor

Full title: State Health Planning and Development Agency v. Forest Manor, Inc…

Court: Court of Civil Appeals of Alabama

Date published: Jun 4, 1999

739 So. 2d 25 (Ala. Civ. App. 1999)

Opinion

Nos. 2961319, 2961320.

Decided June 4, 1999.

Appeals from Montgomery Circuit Court (CV-96-630); Sarah M Greenhaw, Judge.

Mark D. Wilkerson, Montgomery, for appellant State Health Planning and Development Agency.

G. Dennis Nabors and David E. Belser of Graddick, Belser Nabors, P.C., Montgomery (inital brief); and C. Dennis Nabors and Franklin A. Saliba of Nabors Saliba, Montgomery (reply brief), for appellant Heritage Health, Inc.

Alvin T. Prestwood and Daniel L. Feinstein of Volz, Prestwood Hanan, P.C., Montgomery, for appellee.

After Remand from the Supreme Court

ROBERTSON, Presiding Judge

The prior judgment of this court has been reversed and the cause remanded by the Supreme Court of Alabama. Ex parte Forest Manor, Inc., [Ms. 1971320, Dec. 11, 1998] 739 So.2d 20 (Ala. 1998). On remand to this court, and in compliance with the Supreme Court's opinion, the judgment of the trial court setting aside the certificate of need awarded to Heritage Health Care Center, Inc., is hereby reinstated, and the case is remanded to the trial court for further proceedings.

JUDGMENT REINSTATED AND CASE REMANDED.

Yates, Monroe, Crawley, and Thompson, JJ., concur.