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GLYNNE v. WILMED HEALTHCARE

No. 11-1859.

699 F.3d 380 (2012)

Rose L. GLYNNE, Md, Plaintiff-Appellee, v. WILMED HEALTHCARE, d/b/a Wilson Medical Center, Defendant-Appellant, and Wilson Ob/Gyn, Pa; Richard E. Hudson, Jointly and Severally; Daniel P. Michalak, Md; Arthur H. Hanson; Edward S. Brezina, Md; Dennis S. Kuk, Md; Suzanne R. Starkey, Md; Wendell J. Zee, Md; James R. Busch, Md; Jonathan G. Dewald, Md, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: October 18, 2012.

Attorney(s) appearing for the Case

ARGUED: John Edward Pueschel , Womble Carlyle Sandridge & Rice, PLLC, Winston-Salem, North Carolina, for Appellant. C. William Hinnant, Jr. , Medicolegal Consultants, LLC, Anderson, South Carolina, for Appellee. ON BRIEF: James R. Morgan, Jr. , Womble Carlyle Sandridge & Rice, PLLC, Winston-Salem, North Carolina, for Appellant. Elizabeth McKinney , McKinney Law Firm, PLLC, Wilson, North Carolina, for Appellee.

Vacated by published opinion. Judge THACKER wrote the opinion, in which Judge MOTZ and Judge AGEE joined.

OPINION

THACKER, Circuit Judge:

Wilson Medical Center ("WMC") appeals an amended order and judgment entered August 8, 2011, nunc pro tunc March 1, 2011. WMC argues that the district court improperly used the nunc pro tunc device to extend the period during which appellee Rose Glynne, M.D., could refile her dismissed state law claims in state court. Because the district court's purported nunc pro tunc entry supplied...

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