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Photo and story by contributing writer Dale Smith for NSBNews.Net / Circuit Judge Richard Graham has been presiding over the merger lawsuit trial sought by the Bert Fish Foundation against the Southeast Volusia Hospital Board's partnership with Adventist Health Systems, also known as Florida Hospital.DAYTONA BEACH – Circuit Court Judge Richard Graham could rule today on the lawsuit filed against the Bert Fish Medical Center and Adventist Health Systems by the Bert Fish Foundation.
The suit was filed to vacate the hospital’s partnership with Adventist based on violations of the state’s Sunshine Laws, violations Judge Graham has already ruled in favor of the foundation.
The foundation says the hospital’s “cure” to replicate the procedures on how the decision was made to select Adventist as its partner was flawed and therefore the partnership should be voided.
The hospital board met more than 20 times in the shade when it discussed which hospital entity it should partner with, based on advice from their attorney Jim Heekin. Judge Graham heard arguments from both parties more than a week ago and was expected to render his decision this week.
Today, the judge said he had not finished everything as of yet, citing a heavy caseload, but hoped he could wrap things up sometime today.
“You should see my conference table inside,” Graham said outside his office on the third floor of the Courthouse Annex in Daytona Beach.
Graham, dressed in a pressed blue dress shirt with a striped tie and gray pants, said he was also filling in for another judge on Thursday, leading him to only speculate when he could wrap things up with the hospital decision.
“I know the parties are anxious to hear,” he said.”
The judge indicated if the decision wasn’t ready for today, Friday would be it.