BLACK v. ST. JOSEPH'S HOSP. OF BUCKHANNON

No. 13-0926.

764 S.E.2d 335 (2014)

Jerry N. BLACK, M.D., Defendant Below, Petitioner v. ST. JOSEPH'S HOSPITAL OF BUCKHANNON, INC., Plaintiff Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided September 30, 2014.


Attorney(s) appearing for the Case

J. Burton Hunter, III, Esq. , J. Burton Hunter, III and Associates, PLLC, Buckhannon, WV, for Petitioner.

Marc E. Williams, Esq. , Robert M. Sellards, Esq. , Kelly Calder Mowen, Esq. , Nelson Mullins Riley & Scarborough, LLP, Huntington, WV, for Respondent.


KETCHUM, Justice:

Petitioner/defendant below, Dr. Jerry N. Black ("Dr. Black"), appeals from an order of the Circuit Court of Upshur County granting summary judgment in favor of respondent/plaintiff below, St. Joseph's Hospital of Buckhannon, Inc. ("hospital"). The hospital filed a complaint for declaratory judgment asking the circuit court to declare that an "Option to Repurchase" agreement it entered into with Dr. Black was an option contract rather than a "right...

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