Kushner v. Southern Adventist Health & Hospital System, Inc., 57740
| Decision Date | 20 September 1979 |
| Docket Number | No. 57740,57740 |
| Citation | 260 S.E.2d 381,151 Ga.App. 425 |
| Parties | KUSHNER v. SOUTHERN ADVENTIST HEALTH & HOSPITAL SYSTEM, INC. |
| Court | Georgia Court of Appeals |
M. Jerome Elmore, Atlanta, for appellant.
Randall L. Hughes, Altanta, for appellee.
Appellant, Dr. Robert L. Kushner, Jr., asserts that the trial court erred in entering judgment on the pleadings in his action for breach of contract. We affirm.
Appellant entered into a medical services contract with appellee hospital, under which appellant was to provide appellee radiological services for renewable three year periods. Procedural requirements for termination or nonrenewal of the contract are contained in paragraph 11 which states:
The initial three year period under the contract began on January 1, 1975, and ended on December 31, 1978. By letter dated August 21, 1978, appellant was given notice that his contract with appellee was not going to be renewed for another three-year period. In entering judgment on the pleadings, the trial court held that, as a matter of law, appellee's notice to appellant satisfied the nonrenewal provisions of the contract and therefore the contractual relationship had ended. Appellant asserts that notice alone did not satisfy the nonrenewal provisions of the contract. It is argued that, in addition to providing notice of nonrenewal, appellee was also required to make a determination, after a hearing, that appellant was not providing adequate radiological...
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