Suncoast Homes, Inc. v. Humana of Florida, Inc.

Florida District Courts of Appeal February 10, 1988

Suncoast Homes, Inc. v. Humana of Florida, Inc., 519 So. 2d 1124 (1988)

13 Fla. L. Weekly 445; 1988 Fla. App. LEXIS 561; 1988 WL 9063

Campbell, Lehan, Threadgill

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.

Reference

Full Case Name: SUNCOAST HOMES, INC. and Auto-Owners Insurance Company 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
Cited By: 1 case
Status: Published