"Maybe that's the problem," Judge Hilton told Gator's lawyers.

After Judge Hilton's ruling, Gator asked the court to expedite the trial, presumably to limit lost revenues.

Without explanation, Judge Hilton released the opinion for publication last week in a form that continues to shield the identity of the parties, including the hospital.

A lawyer for the hospital then confirmed the identity, but declined to provide details beyond those included in Judge Hilton's opinion.

If The Times does not appeal, the case will be sent back to Judge Hilton's court, where it will be permitted to proceed.

"Today's decision by Judge Hilton need not end this case," he said.

"The independent counsel has several options available, the principal one being an appeal of Judge Hilton's order."

"We are prepared to proceed to trial when scheduled by Judge Hilton."

The grounds were open to members of the public with permission from Judge Hilton.

"Well, I will then declare a mistrial in this case," Judge Hilton told the jurors, "and we'll excuse you all."