SUNCOAST HOMES, INC. AND AUTO-OWNERS INSURANCE COMPANY, APPELLANTS,
v.
HUMANA OF FLORIDA, INC., D/B/A SUN BAY COMMUNITY HOSPITAL; SUN BAY COMMUNITY HOSPITAL MEDICAL STAFF, INC.; AARON SCHNEIDER, M.D.; A. SCHNEIDER, M.D., P.A.; AND FLORIDA PATIENTS COMPENSATION FUND, APPELLEES
SUNCOAST HOMES, INC. AND AUTO-OWNERS INSURANCE COMPANY, APPELLANTS,
HUMANA OF FLORIDA, INC., D/B/A SUN BAY COMMUNITY HOSPITAL; SUN BAY COMMUNITY HOSPITAL MEDICAL STAFF, INC.; AARON SCHNEIDER, M.D.; A. SCHNEIDER, M.D., P.A.; AND FLORIDA PATIENTS COMPENSATION FUND, APPELLEES
519 So. 2d 1124
Florida District Court of Appeal, Second District (1988)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
This is an appeal from the trial court’s order striking a notice of lien filed by plaintiffs employer and the employer’s workers compensation carrier in plaintiff’s medical malpractice suit against appellee health care providers.
We reverse on the authority of American Mutual Insurance Consolidated Co. v. Decker, 518 So. 2d 315 (Fla. 2d DCA 1987). As in American Mutual, we certify that our decision is in direct conflict with that in American Motorists Insurance Co. v. Coll, 479 So. 2d 156 (Fla. 3d DCA 1985), rev. denied, 488 So. 2d 829 (Fla.1986).
Reversed and remanded for proceedings not inconsistent herewith.
CAMPBELL, A.C.J., and LEHAN and THREADGILL, JJ., concur.
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Bobbitt v. State, 726 So. 2d 848 (Fla. 5th DCA 1999)…s been recognized by many appellate courts. See Escambia County v. Ratchford, 650 So. 2d 154 (Fla. 1st DCA 1995)(and cases cited therein); Brevard County v. Eisenmenger, 567 So. 2d 1059 (Fla. 5th DCA 1990); Board of County Commissioners v. Cannella, 519 So. 2d 1124 (Fla. 2d DCA 1988). The petitioners’ true argument here lies in their contention that the hourly rate set by the chief judge on March 17,1988($50) is unreasonable as applied to the instant representation. Petitioners assert that a trial court can r…
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Schneider v. Suncoast Homes, Inc., 530 So. 2d 59 (Fla. 1988)…PER CURIAM. We review Suncoast Homes, Inc. v. Hu-mana of Florida, Inc., 519 So. 2d 1124 (Fla. 2d DCA 1988), to resolve certified direct conflict with American Motorists Insurance Co. v. Coll, 479 So. 2d 156 (Fla. 3d DCA 1985), review denied, 488 So. 2d 829 (Fla.1986). Art. V, § 3(b)(4), Fla. Const. We recently disapproved American Moto…
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Authorities Cited
- Cook v. McADAM, 479 So. 2d 156 (Fla. 3d DCA 1985)
- Am. Mut. Ins. Co. v. Decker, 518 So. 2d 315 (Fla. 2d DCA 1987)