CARL W. SMITH, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Found. Health v. Westside EKG Assocs., 944 So. 2d 188 (Fla. 2006)
  …BELL, J. We have for review Westside EKG Associates v. Foundation Health, 932 So. 2d 214 (Fla. 4th DCA 2005), in which the Fourth District Court of Appeal certified the following question to be one of great public importance: ARE THE PROMPT PAY PROVISIONS OF THE HEALTH MAINTENANCE ORGANIZATION ACT ENFORCEABLE BY COURTS IN AN ACTION FOU…
• Adventist Health System/Sunbelt, Inc. v. Blue Cross AND Blue Shield, 934 So. 2d 602 (Fla. 5th DCA 2006)
  …of action may be implied. Id. We also agree with Florida Hospital that, even assuming a statutory cause of action may not be implied, common law theories are available for redress through the courts. See, e.g. Westside EKG Assocs. v. Found. Health, 932 So. 2d 214 (Fla. 4th DCA 2005). Because a civil remedy exists, whether arising from statute or common law, a request for declaratory relief is authorized because an actual dispute, not merely a hypothetical one, exists between the parties. Here, the request f…
• Smith v. Reverse Mortg. Solutions, Inc., 200 So. 3d 221 (Fla. 3d DCA 2016)
  …D, it is undisputed that the subject mortgage is, indeed, a reverse mortgage insured by HUD. We are compelled to construe a contract eon-sistent with specific statutes that regulate and govern the contract. See Westside EKG Assocs. v. Found. Health, 932 So. 2d 214, 216 (Fla. 4th DCA 2005); see also S. Crane Rentals, Inc. v. City of Gainesville, 429 So. 2d 771, 773 (Fla. 1st DCA 1983) (“The laws which exist at the time and place of the making of a contract enter into and become a part of the contract made, as…