Wellspan Medical Group v. Michael, B.

J-A30011-19
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
WELLSPAN MEDICAL GROUP : IN THE SUPERIOR COURT OF
: PENNSYLVANIA
:
v. :
:
:
BRIAN MICHAEL, M.D. :
:
Appellant : No. 371 MDA 2019
Appeal from the Order Entered February 4, 2019
In the Court of Common Pleas of Adams County Civil Division at No(s):
2018-SU-981
BEFORE: DUBOW, J., NICHOLS, J., and COLINS, J.*
JUDGMENT ORDER BY DUBOW, J.: FILED NOVEMBER 13, 2019
Appellant, Brian Michael, M.D., appeals from the February 4, 2019 Order
entered in the Adams County Court of Common Pleas granting the Petition for
Preliminary Injunction filed by Appellee, WellSpan Medical Group. After
careful review, we dismiss Appellant’s appeal as moot.
The relevant facts and procedural history are as follows. On April 1,
2010, Appellee, hired Appellant, a board certified endocrinologist, as a
physician, pursuant to the terms of a professional services agreement
(“Agreement”). The Agreement included a non-competition clause prohibiting
Appellant from “directly or indirectly compet[ing] with any service offered by”
Appellee in York or Adams Counties for a period of two years following
Appellant’s termination by Appellee for any reason. Agreement, 4/1/10, at
____________________________________________
* Retired Senior Judge assigned to the Superior Court.
J-A30011-19
Articles 5.0, 5.2.1. Appellant left Appellee’s employ on March 27, 2017. Thus,
by its terms, the non-competition clause expired on March 27, 2019.
Throughout 2018, Appellant threatened to open, and then took
affirmative steps to open, an endocrinology practice in Adams County.
Accordingly, on September 11, 2018, Appellee filed a Petition for Injunctive
Relief seeking to enforce the terms of the non-competition clause. On
February 4, 2019, the trial court granted Appellee’s Petition, permanently
enjoining Appellant from, inter alia, engaging in the practice of endocrinology
in York or Adams Counties as provided in the non-competition clause. The
trial court ordered that the “injunction shall remain in place through and
including March 27, 2019[,] at which time the injunction shall automatically
vacate.” Order. 2/4/19, at ¶ 6.
This timely appeal followed.1 Prior to addressing the merits of
Appellant’s appeal, we must first determine whether this appeal is moot.
As a general rule, an actual case or controversy must exist at all stages
of the judicial process, or a case will be dismissed as moot.
An issue can become moot during the pendency of an appeal due
to an intervening change in the facts of the case or due to an
intervening change in the applicable law. In that case, an opinion
of this Court is rendered advisory in nature. An issue before a
court is moot if in ruling upon the issue the court cannot enter an
order that has any legal force or effect.
In re D.A., 801 A.2d 614, 616 (Pa. Super. 2002) (en banc) (citations and
quotations omitted).
____________________________________________
1 Both Appellant and the trial court complied with Pa.R.A.P. 1925.
-2-
J-A30011-19
Here, the dispute centers on a Permanent Injunction that, by its own
express terms, expired on March 27, 2019. See Order, 2/4/19, at ¶ 6.
Accordingly, an actual case or controversy no longer exists between Appellant
and Appellee. Because Appellant is no longer required to abide by the
injunction, our review would be of no effect. See In re D.A., 801 A.2d at
616. Accordingly, we dismiss the appeal as moot.2
Appeal dismissed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 11/13/2019
____________________________________________
2 Moreover, the instant case does not satisfy any of the exceptions to the
mootness doctrine. See Ferko-Fox v. Fox, 68 A.3d 917, 920 (Pa. Super.
2013) (citation omitted) (explaining that “[t]his Court will decide questions
that otherwise have been rendered moot when one or more of the following
exceptions to the mootness doctrine apply: 1) the case involves a question of
great public importance, 2) the question presented is capable of repetition and
apt to elude appellate review, or 3) a party to the controversy will suffer some
detriment due to the decision of the trial court”).
-3-