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Crowder v. Dade County

District Court of Appeal of Florida, Third District
Jul 14, 1982
415 So. 2d 732 (Fla. Dist. Ct. App. 1982)

Opinion

No. 81-1524.

May 4, 1982. Rehearing Denied July 14, 1982.

Appeal from the Circuit Court, Dade County, Sam I. Silver, J.

Horton, Perse Ginsberg and Arnold R. Ginsberg, Miami, for appellants.

Robert A. Ginsburg, County Atty. and Robert L. Blake, Asst. County Atty., for appellee.

Before HUBBART, C.J., DANIEL S. PEARSON, J., and EZELL, BOYCE F., Jr. (Ret.), Associate Judge.


The lien of the hospital is intended to be effective for its full amount (subject only to the right to question the propriety of the charges comprising the lien) against the proceeds of a judgment or settlement in favor of the patient, Dade County v. Perez, 237 So.2d 781 (Fla. 3d DCA 1970); Dade County v. Bodie, 237 So.2d 553 (Fla. 3d DCA 1970), and may not, accordingly, be impaired or diminished by the amount of attorneys' fees which may be due the patient's counsel, Public Health Trust of Dade County v. O'Neal, 348 So.2d 377 (Fla. 3d DCA 1977), even if, as here, the judgment in favor of the patient against the tort-feasor and his insurer resulted from an action brought by the patient's counsel.

Affirmed.


Summaries of

Crowder v. Dade County

District Court of Appeal of Florida, Third District
Jul 14, 1982
415 So. 2d 732 (Fla. Dist. Ct. App. 1982)
Case details for

Crowder v. Dade County

Case Details

Full title:JIMMIE LEE CROWDER AND SAMUEL M. SPATZER, P.A., APPELLANTS, v. DADE…

Court:District Court of Appeal of Florida, Third District

Date published: Jul 14, 1982

Citations

415 So. 2d 732 (Fla. Dist. Ct. App. 1982)

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