By: Derek Hawkins//December 24, 2018//
WI Court of Appeals – District III
Case Name: Sacred Heart Hospital of the Hospital Sisters of the Third Order of St. Francis v. Marshfield Clinic Health System, Inc. et al.
Case No.: 2017AP1998
Officials: Stark, P.J., Hruz and Seidl, JJ.
Focus: Motion for Temporary Injunction Denied
Sacred Heart Hospital of the Hospital Sisters of the Third Order of St. Francis (“Sacred Heart”) appeals an order denying its motion for a temporary injunction and a grant of summary judgment in favor of Marshfield Clinic Health System, Inc. (“MCHS”); Marshfield Clinic, Inc. (“Marshfield Clinic”); and MCHS Hospitals, Inc. (“MCHS Hospitals”) (collectively, the “Marshfield Entities”). Sacred Heart argues the circuit court erred by dismissing its claims for breach of a right of first refusal and of a land use restriction associated with lands Sacred Heart sold to Marshfield Clinic at various times. Sacred Heart also challenges the dismissal of its claim for breach of the implied duty of good faith and fair dealing and the denial of its motion for a temporary injunction. We reject each of its arguments and affirm.