Opinion
No. 82-2089.
May 31, 1983.
Appeal from the Circuit Court, Dade County, Phillip W. Knight, J.
Blackwell, Walker, Gray, Powers, Flick Hoehl and Diane H. Tutt and William L. Gray, III, Miami, for appellant.
Shorenstein Lewis and Marvin W. Lewis, Miami Beach, for appellees.
Before SCHWARTZ, C.J., and BARKDULL and NESBITT, JJ.
Under Variety Children's Hospital v. Vigliotti, 385 So.2d 1052 (Fla.3d DCA 1980), a mother's legal obligation of support and the concomitant one to pay those who supply medical services to her child are not affected by the fact that the father is required to bear those expenses by a property settlement agreement and judgment of dissolution. For this reason, we affirm the appellee-hospital's recovery against the mother, Mrs. Kent.
By virtue of their agreement, however, Mrs. Kent is entitled to reimbursement from the father for any amounts she is required to pay the hospital. The dismissal of her cross-claim against Mr. Kent is therefore reversed with directions to enter judgment in her favor on that claim.
And to any equitable remedies she may secure for his violation of the judgment in the dissolution proceeding.
Affirmed in part, reversed in part.