Court Treatment of Medical Repatriations: Montejo v. Martin Memorial and State Court Jurisdiction
The Florida Court of Appeals ruled on the legality of the lower courts order despite the fact that Mr. Jimenez was no longer in the United States.77 The appellate court dismissed the hospitals assertion of mootness because the matter was deemed an important issue that was likely to recur.78 Fur-ther, the court emphasized that the mootness argument, which focused on Mr. Jimenezs immigration status, only highlighted the legal precariousness of the repatriation.79 Deportations, the appellate court stated, are the realm of the federal government and not a matter within the discretion of state courts.80
http://www.law.northwestern.edu/lawreview/v104/n1/307/LR104n1Stead.pdf