ANTHONY WALTERS, INDIVIDUALLY AND AS FATHER AND NATURAL GUARDIAN OF MATTHEW WALTERS, A MINOR; APRIL CARTER, AS MOTHER AND NATURAL GUARDIAN OF CHRISTY CARTER, A MINOR; CIVIS ELLIOT; RANDALL LESHIN; NANCY PEREZ, INDIVIDUALLY AND AS MOTHER AND NATURAL GUARDIAN OF VANESSA CEPEDA, A MINOR, AND NATALIE CEPEDA, A MINOR; ALBERT SCHRUMP, JR.; AND GUSSIE THOMAS, APPELLANTS,
v.
NORTH BROWARD HOSPITAL DISTRICT, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2001-02-14
No. 4D00-840
DELL, FARMER, and GROSS, JJ, concur.
777 So. 2d 462 Florida District Court of Appeal, Fourth District (2001)

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Synopsis

This case involves a dissent regarding the interpretation of the 'in custody' requirement under Florida's Ryce Act, specifically whether it necessitates actual custody or lawful custody.


Holding

The dissenting justice would hold that the Ryce Act requires only actual custody, not lawful custody, and that this interpretation is consistent with the Act's dual purposes.


Facts & Procedural History

The dissenting justice disagrees with the majority's interpretation of the 'in custody' requirement in section 394.925 of the Ryce Act, arguing that i…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the order denying the motion for class certification without reaching any decision on the merits of the complaint. Affirmance is without prejudice to the individual appellants to seek recovery for any damages they may have suffered as a result of the hospital district’s filing of the liens.

DELL, FARMER, and GROSS, JJ, concur.


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