JIMMIE LEE CROWDER AND SAMUEL M. SPATZER, P. A., APPELLANTS,
v.
DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLEE
JIMMIE LEE CROWDER AND SAMUEL M. SPATZER, P. A., APPELLANTS,
DADE COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLEE
415 So. 2d 732
Florida District Court of Appeal, Third District (1982)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The lien of the hospital is intended to be effective for its full amount (subject only to the right to question the propriety of the charges comprising the lien) against the proceeds of a judgment or settlement in favor of the patient, Dade County v. Perez, 237 So. 2d 781 (Fla. 3d DCA 1970); Dade County v. Bodie, 237 So. 2d 553 (Fla. 3d DCA 1970), and may not, accordingly, be impaired or diminished by the amount of attorneys’ fees which may be due the patient’s counsel, Public Health Trust of Dade County v. O’Neal, 348 So. 2d 377 (Fla. 3d DCA 1977), even if, as here, the judgment in favor of the patient against the tortfeasor and his insurer resulted from an action brought by the patient’s counsel.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Hosp. Bd. OF Directors OF LEE Cnty. v. McCRAY, 456 So. 2d 936 (Fla. 2d DCA 1984)…priority over the Hospital’s statutory lien. This position has been consistently rejected. A hospital’s statutory lien may not be impaired or diminished by the amount of attorney’s fees which may be due thé patient’s counsel. Crowder v. Dade County, 415 So. 2d 732 (Fla. 3d DCA 1982); Public Health Trust of Dade County v. O’Neal, 348 So. 2d 377 (Fla. 3d DCA 1977). We hold that Chapter 78-552 is constitutional and does not violate article III, section 11(a)(9) of the Florida Constitution. Accordingly, we rever…
Authorities Cited
- Dade Cnty. v. Bodie, 237 So. 2d 553 (Fla. 3d DCA 1970)
- Dade Cnty. v. Perez, 237 So. 2d 781 (Fla. 3d DCA 1970)
- Schulman v. Wash. Fed. Sav. & Loan Ass'n OF Miami Beach, 348 So. 2d 377 (Fla. 3d DCA 1977)