The 11th Circuit Court of Appeals has asked attorneys in the litigation between Erlanger Health System and Walker County, Ga., to provide legal briefs about the issue of jurisdiction.
Erlanger is seeking to collect on $8,705,000, plus interest, that Federal Judge Harold Murphy said it is owed in connection with Walker County's backing of $20 million that Erlanger put into the former Hutcheson Hospital at Fort Oglethorpe.
Stuart James, attorney for Walker County, said, "The 11th Circuit Court of Appeals provided information to legal counsel in the Erlanger case indicating that the hospital has no right to file suit in the matter. Specifically, the Court noted that jurisdiction may not exist for the District Court or the Appellate Court to rule on the case asking the lawyers to simultaneously file position statements on the issue in 14 days. If there is no jurisdiction, none of the prior rulings of the federal court or future rulings of the Court of Appeals will be valid.
"Walker County has filed an appeal based on two points. First, Erlanger cannot sue the counties based on the intergovernmental agreement as it is not a Georgia entity. Walker County is asking the Court of Appeals to allow the case to proceed in the Georgia Supreme Court. Second, because Walker County enjoys sovereign immunity, it is immune from this action. Erlanger simply has not shown that the sovereign immunity does not apply.
"Walker County believes both of these issues should rightfully be decided by the Georgia Supreme Court. It is Walker County’s assertion that past rulings made by the trial court will be carefully reviewed with the law of Georgia being upheld. With this in mind, Walker County contends that the previous orders will be reversed.
"Our firm was given direction by Commissioner Bebe Heiskell to do all we could to fight for the best interests of the taxpayers of Walker County. We appreciate the careful review and information shared with all legal counsel by the Clerk of the 11th District Court of Appeals. We look forward to closing this chapter in a manner that will be beneficial to taxpayers as well as to those providing healthcare in North Georgia.”
Commissioner Heiskell said, “We will continue to do all we can to protect our taxpayers. This has been my goal from the very beginning of this situation. While Walker County did nothing to begin this legal wrangling, it has been my contention all along that the law of Georgia is on our side. I look forward to a positive conclusion to this very complicated situation.”
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