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Suncoast Homes v. Humana of Florida

District Court of Appeal of Florida, Second District
Feb 10, 1988
519 So. 2d 1124 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-1519.

February 10, 1988.

Appeal from the Circuit Court for Pinellas County; Helen S. Hansel, Judge.

Kurt Preston Hampp, of Hampp Schneikart, P.A., St. Petersburg, for appellants.

A. Broaddus Livingston and Sue Ellen Haupert, of Carlton, Fields, Ward, Emmanuel, Smith, Cutler Kent, P.A., Tampa, for appellees Humana of Florida, Inc. and Sun Bay Community Hosp. Medical Staff, Inc.

Nelly N. Khouzam, of Fowler, White, Gillen, Boggs, Villareal Banker, P.A., St. Petersburg, for appellees Aaron Schneider and A. Schneider, M.D., P.A.


This is an appeal from the trial court's order striking a notice of lien filed by plaintiff's 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.


Summaries of

Suncoast Homes v. Humana of Florida

District Court of Appeal of Florida, Second District
Feb 10, 1988
519 So. 2d 1124 (Fla. Dist. Ct. App. 1988)
Case details for

Suncoast Homes v. Humana of Florida

Case Details

Full title:SUNCOAST HOMES, INC. AND AUTO-OWNERS INSURANCE COMPANY, APPELLANTS, v…

Court:District Court of Appeal of Florida, Second District

Date published: Feb 10, 1988

Citations

519 So. 2d 1124 (Fla. Dist. Ct. App. 1988)

Citing Cases

Schneider v. Suncoast Homes, Inc.

PER CURIAM. We review Suncoast Homes, Inc. v. Humana of Florida, Inc., 519 So.2d 1124 (Fla. 2d DCA 1988), to…