VIRGINIA HEINEMANN, APPELLANT,
v.
JOHN F. KENNEDY MEMORIAL HOSPITAL, APPELLEE
PER CURIAM.
Virginia Heinemann appeals from the trial court’s entry of final summary judgment in favor of John F. Kennedy Memorial Hospital. The judgment entitles the hospital to collect from appellant, a widow, medical expenses incurred by her deceased husband.
Appellant did not enter into any agreement with the hospital which would bind her for her deceased husband’s medical expenses. Under the common law doctrine of necessaries, appellant is not liable for the husband’s medical expenses. See Shands Teaching Hospital and Clinics, Inc. v. Smith, 497 So. 2d 644 (Fla.1986). See also Waite v. Leesburg Regional Medical Center, Inc., 582 So. 2d 789 (Fla. 5th DCA 1991).
Accordingly, the final summary judgment in favor of appellee is reversed and we remand this case for further proceedings consistent with this opinion.
REVERSED and REMANDED.
DELL, GARRETT and FARMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Connor v. Sw. Fla. Reg'l Med. Ctr., Inc., 668 So. 2d 175 (Fla. 1995)…CA 1994), which certified conflict with the following district court decisions: Waite v. Leesburg Regional Medical Center, Inc., 582 So. 2d 789 (Fla. 5th DCA), review denied, 592 So. 2d 683 (Fla.1991); Heinemann v. John F. Kennedy Memorial Hospital, 585 So. 2d 1162 (Fla. 4th DCA 1991); Faulk v. Palm Beach Gardens Community Hospital, Inc., 589 So. 2d 1029 (Fla. 4th DCA 1991); and Halifax Hospital Medical Center v. Ryals, 526 So. 2d 1022 (Fla. 5th DCA 1988). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.…
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Faulk v. Palm Beach Gardens Cmty. Hosp., Inc., 589 So. 2d 1029 (Fla. 4th DCA 1991)…rvices rendered to the husband. The sole basis for imposing liability was that a wife is legally responsible for necessaries furnished to the husband. This is incorrect, and we reverse on the authority of Heinemann v. John F. Kennedy Memorial Hosp., 585 So. 2d 1162 (Fla. 4th DCA 1991). REVERSED AND REMANDED. DOWNEY, HERSEY and DELL, JJ„ concur.…
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Sw. Fla. Reg'l Med. Ctr., Inc. v. Connor, 643 So. 2d 681 (Fla. 2d DCA 1994)…ssaries and reversed a judgment entered against a wife for the medical expenses incurred by her husband in Faulk v. Palm Beach Gardens Community Hospital, Inc., 589 So. 2d 1029 (Fla. 4th DCA 1991), and Heinemann v. John F. Kennedy Memorial Hospital, 585 So. 2d 1162 (Fla. 4th DCA 1991). Neither opinion discussed or cited Webb. The Fifth District did cite Webb in Halifax Hospital Medical Center v. Ryals, 526 So. 2d 1022 (Fla. 5th DCA 1988), after stating that it would seem logical that either both spouses or nei…1 / 2
Authorities Cited
- Shands Teaching Hosp. & Clinics, Inc. v. Smith, 497 So. 2d 644 (Fla. 1986)
- Waite v. Leesburg Reg'l Med. Ctr., Inc., 582 So. 2d 789 (Fla. 5th DCA 1991)