Modern Health Care Services, Inc. v. Drewry
Modern Health Care Services, Inc. v. Drewry
Opinion of the Court
Appellees David E. Drewry and Shirley Drewry brought a malpractice action against Modem Health Care Services, Inc., [the hospital] and the Florida Patient’s Compensation Fund [the Fund]. When that matter was settled, the settlement agreement acknowledged that the hospital had not collected funds owed on its bill for services. In an effort to collect its unpaid bill, the hospital sued the Drewrys, their lawyer, and the Fund for foreclosure of the hospital’s lien on the settlement proceeds and for impairment of its lien. Holding that the lien was not filed timely, that the hospital’s claim for unpaid bills should have been raised by compulsory counterclaim in the original action, and that the stipulated settlement in the original action barred the hospital’s claim, the trial court entered a summary final judgment in favor of appellees.
The settlement agreement presents unresolved issues requiring the trier of fact to interpret the parties’ intent regarding the unpaid bill. That interpretation will determine the outcome of the hospital’s claims. Landers v. Milton, 370 So.2d 368 (Fla. 1979). We therefore reverse the summary final judgment and remand for further proceedings.
Reversed and remanded.
. The hospital’s claim against the Drewrys remains pending.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.