MODERN HEALTH CARE SERVICES, INC., ETC., APPELLANT,
v.
DAVID E. DREWRY AND SHIRLEY DREWRY, ET AL., APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Florida appellate court reversed summary judgment against hospital's lien foreclosure claim, holding that disputed factual issues regarding settlement agreement interpretation precluded summary judgment and required remand for trial.
Summary judgment was improper because the settlement agreement contained unresolved issues requiring the trier of fact to interpret the parties' intent regarding the unpaid hospital bill.
[1] A hospital's lien claim for unpaid medical services cannot be resolved by summary judgment when the underlying settlement agreement contains ambiguities regarding the par…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The settlement agreement presents unresolved issues requiring the trier of fact to interpret the parties' intent regarding the unpaid bill.”
Court's explanation for why summary judgment was improper and remand was necessary.
A hospital provided services to patients who later settled a malpractice action against the hospital and the Patient's Compensation Fund; the settleme…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Hospital Lien cases and more on FLexlaw
BASKIN, Judge.
Appellees David E. Drewry and Shirley Drewry brought a malpractice action against Modem Health Care Services, Inc., [the hospital] and the Florida Patient’s Compensation Fund [the Fund]. When that matter was settled, the settlement agreement acknowledged that the hospital had not collected funds owed on its bill for services. In an effort to collect its unpaid bill, the hospital sued the Drewrys, their lawyer, and the Fund for foreclosure of the hospital’s lien on the settlement proceeds and for impairment of its lien. Holding that the lien was not filed timely, that the hospital’s claim for unpaid bills should have been raised by compulsory counterclaim in the original action, and that the stipulated settlement in the original action barred the hospital’s claim, the trial court entered a summary final judgment in favor of appellees.1 Appellees concede the validity of the hospital’s lien, Public Health Trust of Dade County v. Carroll, 509 So. 2d 1232 (Fla. 4th DCA 1987), but maintain that the trial court ruled correctly on the other points.
The settlement agreement presents unresolved issues requiring the trier of fact to interpret the parties’ intent regarding the unpaid bill. That interpretation will determine the outcome of the hospital’s claims. Landers v. Milton, 370 So. 2d 368 (Fla.1979). We therefore reverse the summary final judgment and remand for further proceedings.
Reversed and remanded.
. The hospital’s claim against the Drewrys remains pending.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Delgado v. Allstate Ins. Co., 554 So. 2d 13 (Fla. 3d DCA 1989)…PER CURIAM. Affirmed. International Bankers Ins. Co. v. Arnone, 552 So. 2d 908 (Fla.1989); Modern Health Care Services, Inc. v. Drewry, 526 So. 2d 979 (Fla. 3d DCA 1988); Public Health Trust of Dade County v. [*14] Carroll, 509 So. 2d 1232 (Fla. 4th DCA 1987); Sec. 627.736(5), Fla.Stat. (1987).…
-
Modern Health Care Servs., Inc. v. Drewry, 564 So. 2d 1125 (Fla. 3d DCA 1990)…BASKIN, Judge. Modern Health Care Services, Inc. [MHCS] appeals a final judgment. We reverse. The facts of this case are set out sufficiently in our previous opinion, Modern Health Care Servs., Inc. v. Drewry, 526 So. 2d 979 (Fla. 3d DCA 1988), in which we reversed a final summary judgment entered against MHCS. Upon remand, the parties stipulated to a trial based on their written memoranda. After considering the parties’ contentions, the trial court entered final judgme…
Authorities Cited
- Irving W. Landers et ux. v. Adelle L. Milton, 370 So. 2d 368 (Fla. 1979)
- Pub. Health Tr. OF Dade Cnty. v. Carroll, 509 So. 2d 1232 (Fla. 4th DCA 1987)