SHARKEY ISSAQUENA COMMUNITY HOSPITAL v. ANDERSON (2018)

EN BANC ORDER

¶ 1. The motion for rehearing filed by the Appellant is granted. The previous opinions are withdrawn and this order is substituted therefor.

¶ 2. The Court was divided equally four-four. Consequently, the judgment of the Circuit Court of Sharkey County should have been affirmed for this reason. See Durant v. Essex Co., 74 U.S. (7 Wall.) 107, 19 L.Ed. 154 (1868); Hertz v. Woodman, 218 U.S. 205, 206, 30 S.Ct. 621, 621, 54 L.Ed. 1001 (1910); Pascagoula Nat'l Bank v. Barq, 23 So.2d 530, 530 (Miss. 1945); Hawkins v. Cmty. Bank of Raymore, ––– U.S. ––––, 136 S.Ct. 1072, 194 L.Ed. 2d 163, reh'g denied, ––– U.S. ––––, 136 S.Ct. 2534, 195 L.Ed. 2d 860 (2016).

¶ 3. Accordingly, we remand this case for further proceedings.

SO ORDERED.

MICHAEL K. RANDOLPH, PRESIDING JUSTICE, FOR THE COURT

NOT PARTICIPATING: MAXWELL, J.