HUMANA MEDICAL PLAN, INC., HUMANA HEALTH PLAN OF FLORIDA, INC., AND HUMANA HEALTH INSURANCE COMPANY OF FLORIDA, INC., APPELLANTS,
v.
GREATER MIAMI LAKES HMO, P.A., ET AL., APPELLEES
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Humana failed to comply with mandatory provisions of a termination agreement requiring recalculation of net indebtedness and escrow notification, and therefore was not entitled to escrow proceeds, which were properly returned to the doctors.
A party that fails to substantially comply with mandatory provisions of a termination agreement requiring recalculation of net indebtedness and notification to an escrow agent is not entitled to any escrow proceeds.
[1] Failure to substantially comply with mandatory provisions of a termination agreement requiring recalculation of indebtedness and escrow notification bars recovery of escr…
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Join FLexlaw to unlock all legal intelligenceHumana and appellee doctors entered into a termination agreement containing an escrow arrangement. The agreement required Humana to recalculate the to…
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PER CURIAM.
Because on this record it is established without any genuine material dispute that (1) the appellants never recalculated the “Total Net Indebtedness” owed .by the appellee doctors as required by the Termination Agreement between the parties, (2) the appellants never notified the escrow agent that the aforementioned net indebtedness exceeded $125,000 as required by the subject termination agreement, and (3) the appellants never substantially complied with these provisions of the termination agreement, the appellants were not entitled to any of the proceeds of the escrow agreement under the termination agreement and the proceeds were rightly returned by the appellee escrow agent to the appellee doctors in this case. This being so, the appellee doctors are not indebted to the appellants for any sum of money under the termination agreement, the appellee escrow agent is not liable to the appellants, and the trial court correctly entered summary judgment for all appellees in the suit brought below by the appellants. We have not overlooked the appellants’ arguments to the contrary, but are not persuaded thereby. Ross v. Calamia, 153 Fla. 151, 13 So. 2d 916, 917 (1943); Jaar v. University of Miami, 474 So. 2d 239, 242 (Fla. 3d DCA 1985), rev. denied, 484 So. 2d 10 (Fla.1986); Scott-Steven Dev. Corp. v. Gables by the Sea, Inc., 167 So. 2d 763, 764 (Fla. 3d DCA 1964), cert. denied, 174 So. 2d 32 (Fla.1965); Cohen v. Rothman, 127 So. 2d 143, 147 (Fla. 3d DCA 1961), cert. discharged, 138 So. 2d 328 (Fla. 1962).
The final summary judgment under review is, therefore, in all respects,
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Jaar v. The Univ. OF Miami, 474 So. 2d 239 (Fla. 3d DCA 1985)
- Cohen v. Rothman, 127 So. 2d 143 (Fla. 3d DCA 1961)
- Int'l Paper Co. v. Brown, 153 Fla. 151 (Fla. 1943)
- Scott-Steven Dev. Corp., Inc. v. Gables BY THE SEA, Inc., 167 So. 2d 763 (Fla. 3d DCA 1964)
- State ex rel. Booth v. Byington, 174 So. 2d 32 (Fla. 1965)
- Kerr v. Schildiner, 174 So. 2d 32 (Fla. 1965)
- Cohen v. Rothman, 138 So. 2d 328 (Fla. 1962)
- Ross v. Calamia, 153 Fla. 151 (Fla. 1943)