SHANTELL L. RICHARDSON
v.
WELL STATES HEALTHCARE
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Where a healthcare service agreement is clear and unambiguous, a court cannot rewrite the contract to make it more favorable to one party, and a patient's acceptance of a provider's estimate constitutes an enforceable contract to pay.
[1] A patient's express or implied acceptance of a healthcare provider's estimate gives rise to an enforceable contract to pay the amount of the bill.
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Join FLexlaw to unlock all legal intelligence“where an agreement is "clear and unambiguous . . . 'a court is powerless to rewrite the contract to make it more reasonable or advantageous for one of the contracting parties'"”
Court citing Fernandez v. Homestar at Miller Cove, Inc. on the principle that courts cannot rewrite unambiguous contracts
Richardson appealed a circuit court judgment in a dispute with Well States Healthcare. The case involved a healthcare service agreement and the enforc…
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PER CURIAM.
Affirmed. See Fernandez v. Homestar at Miller Cove, Inc., 935 So. 2d 547, 551 (Fla. 3d DCA 2006) (observing that where an agreement is “clear and unambiguous . . . ‘a court is powerless to rewrite the contract to make it more reasonable or advantageous for one of the contracting parties’”) (quoting in part Emergency Assocs. of Tampa, P.A. v. Sassano, 664 So. 2d 1000, 1003 (Fla. 2d DCA 1995)); see also A.J. v State, 677 So. 2d 935, 937 (Fla. 4th DCA 1996) (“The patient’s express or implied acceptance of the provider’s estimate gives rise to an enforceable contract to pay the amount of the bill.”).
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Emergency Assocs. OF Tampa, P.A. v. Joseph A. Sassano, D.O., 664 So. 2d 1000 (Fla. 2d DCA 1995)
- A.J. v. State, 677 So. 2d 935 (Fla. 4th DCA 1996)
- Fernandez v. Homestar AT Miller Cove, Inc., 935 So. 2d 547 (Fla. 3d DCA 2006)