The 11th Circuit Court of Appeals is considering the question of jurisdiction in the case in which a federal judge has ordered Walker County, Ga., to pay Erlanger Health System $8.7 million in connection with its guarantee of a loan while Erlanger was operating Hutcheson Medical Center.
Last month, Walker County filed an answer to the question of jurisdiction with the 11th Circuit Court of Appeals.
Attorney Stuart James said, "The Court noted that there will be no more docketing statements issued regarding deadlines for briefing or other matters, or further action taken on the case until the Court of Appeals resolves the jurisdictional question sent to the parties."
In filing his jurisdictional statement with the 11th Circuit Court of Appeals, Special Counsel James referred to a 1976 Act that established the Chattanooga-Hamilton County Hospital Authority “…for the purpose of performing a governmental function by operating Baroness Erlanger Hospital and T.C. Thompson Children’s Hospital…for the purposes of providing healthcare facilities and programs for the residents of Hamilton County, Tennessee.”
He said, "Walker County contends this means that the District Court never had jurisdiction to hear the case. Because of this, Walker County is asking that the current appeal be dismissed, making the legal finding that there is no jurisdiction for any federal court to hear the case and making all actions of The District Court void."
Walker County Commissioner Bebe Heiskell said, “We appreciate the thorough consideration and deliberation being given to this matter and look forward to the outcome. While my tenure as Sole Commissioner ends on December 31, Commissioner-Elect Whitfield and I share a desire to do what is in the best interests of the citizens of Walker County.”