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2010-846 Anthony Hayes v. Southern New Hampshire Medical Center
State: New Hampshire
Court: Supreme Court
Docket No: 2010-846 Anthony Hayes v. Southern New Hampshire M
Case Date: 11/29/2011
Preview:NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme Court of New Hampshire, One Charles Doe Drive, Concord, New Hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. Errors may be reported by E-mail at the following address: reporter@courts.state.nh.us. Opinions are available on the Internet by 9:00 a.m. on the morning of their release. The direct address of the court's home page is: http://www.courts.state.nh.us/supreme. THE SUPREME COURT OF NEW HAMPSHIRE ___________________________ Hillsborough-southern judicial district No. 2010-846 ANTHONY HAYES v. SOUTHERN NEW HAMPSHIRE MEDICAL CENTER Argued: September 22, 2011 Opinion Issued: November 29, 2011 Smith-Weiss Shepard, P.C., of Nashua (Melissa S. Penson on the brief and orally), for the plaintiff. Welts, White & Fontaine, P.C., of Nashua (George H. Thompson, Jr. on the brief and orally), for the defendant. CONBOY, J. The appellant, Anthony Hayes (Anthony), appeals an order of the Superior Court (Lynn, C.J.) denying his petition to enjoin sheriff's sale and finding valid and executable the prejudgment attachment of the appellee, Southern New Hampshire Medical Center (SNHMC), on certain rental property owned by him. We affirm. The following undisputed facts are drawn from the record and Southern New Hampshire Medical Center v. Hayes, 159 N.H. 711 (2010). The petitioner

and his wife, Karen, were married in 1977. S. N.H. Med. Ctr., 159 N.H. at 713. In 2006, Karen, who did not have health insurance, received emergency medical treatment at SNHMC for complications stemming from alcoholism, resulting in a balance due of $85,238.88. Id. In November 2006, SNHMC filed suit in superior court against the Hayeses for Karen's unpaid medical expenses. At the same time, SNHMC petitioned to attach a portion of the couple's real estate. See id. When SNHMC initiated its civil action, the Hayeses owned, as joint tenants with rights of survivorship, two unencumbered parcels of real estate
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