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DR. STEVEN ROSENBERG v. HOLY REDEEMER HOSPITAL AND DR. JOHN A. JAKABCIN (03/11/86)

filed: March 11, 1986.

DR. STEVEN ROSENBERG, APPELLANT,
v.
HOLY REDEEMER HOSPITAL AND DR. JOHN A. JAKABCIN



Appeal from the judgment entered in the Court of Common Pleas of Montgomery County, Civil Division, at No. 82-01371.

COUNSEL

H. David Kraut, Lansdale, for appellant.

Michael C. Hemsley, Philadelphia, for Holy Redeemer, appellee.

Stephen C. Baker, Philadelphia, for Jakabcin, appellee.

Rowley, Del Sole and Beck, JJ. Del Sole, J., files a dissenting opinion.

Author: Beck

[ 351 Pa. Super. Page 401]

Dr. Steven Rosenberg appeals the summary judgment granted in favor of defendant Holy Redeemer Hospital. In the original equity action filed by Dr. Rosenberg he sought injunctive relief from the hospital's denial of his application for staff privileges.

Our scope of review in this matter is limited to abuse of discretion of the trial court. After examining the ample record and Judge Brody's excellent opinion, we affirm. Before discussing the substance of the case, however, we must first determine whether this appeal is properly before the Superior Court.

Title 42 Pa.C.S.A. 762 states in relevant part:

(a) General rule. -- Except as provided in subsection (b), the Commonwealth Court shall have exclusive jurisdiction of appeals from final orders of the courts of common pleas in the following cases:

(5) Certain private corporation matters. -- (i) All actions or proceedings relating to corporations not-for-profit arising under Title 15 (relating to corporations and unincorporated associations) . . .

(ii) All actions or proceedings otherwise involving the corporate affairs of any corporation not-for-profit subject to Title 15 or the affairs of the members, security holders, directors, officers, or employees or agents thereof, as such.

Holy Redeemer Hospital is a private corporation not-for-profit. Therefore, a controversy to which it is a party could properly have been appealed to the Commonwealth Court or could be transferred thereto by the Superior Court. See 42 Pa.C.S.A. 705; Karpe v. Borough of Stroudsburg, 315 Pa. Super. 185, 461 A.2d 859 (1983).

[ 351 Pa. Super. Page 402]

We note, however, that neither party has objected to the appeal before this court. We are therefore invested with jurisdiction to decide the matter by virtue of 42 Pa.C.S.A. 704.

ยง 704. Waiver of objections to jurisdiction

(a) General rule. -- The failure of an appellee to file an objection to the jurisdiction of an appellate court within such time as may be specified by general rule, shall, unless the appellate court otherwise orders, operate to perfect the appellate jurisdiction of such appellate court, notwithstanding any provision of this title, or of any general rule adopted pursuant to section 503 (relating to reassignment of matters), vesting jurisdiction of such appeal in another appellate court.

Having decided the jurisdictional question, we turn to the substance of the case. We find that appellant's arguments have been thoroughly discussed in the well reasoned opinion authored by Judge Anita Brody. We therefore adopt as our own that portion of Judge Brody's opinion which follows.

"HISTORY OF THE CASE

"On September 9, 1980, Dr. Rosenberg applied for appointment to the active medical staff of defendant Holy Redeemer Hospital ('Hospital'). On January 31, 1981, the Hospital's Board of Directors notified Dr. Rosenberg of its decision to deny his application. Dr. Rosenberg then requested an appeal of that decision. The Hospital's Medical Staff Ad Hoc Appellate Committee then held hearings on April 9, April 29 and June 4 of 1981, subsequently denying the doctor's appeal on July 30, 1981. Dr. Rosenberg next appealed to the Appeal Review Committee of the Hospital's Board of Directors, which, after a hearing, upheld the denial of his application.

"Thereafter, Dr. Rosenberg filed suit against Holy Redeemer Hospital and Dr. John A. Jakabcin, seeking injunctive relief as well as compensatory damages. The suit against Dr. Jakabcin was severed by the Court for ...


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