His attorney told a Panama City judge Joe Francis is in a hospital in Mexico.

PANAMA CITY, Florida (AP) -- The founder of "Girls Gone Wild" had a doctor's note and did not appear at a Panhandle court hearing.

The attorney for Joe Francis says his client was in a Mexico hospital, suffering from an acute ear infection, high fever and vertigo.

During Friday's hearing, U.S. District Judge Richard Smoak said the courtroom would be open to the public and media for the case involving four local women's civil suit filed against Francis and his company. Trial is scheduled for February.

Smoak also shot down the fifth motion by the plaintiff's for a summary judgment in the case. If he had granted the summary judgment, the only issue left for the jury would have been how much money to award in damages.

The girls said they were underage when they were filmed.