Dade County v. Pavon

• Decision Date: 01 August 1972
• Docket Number: No. 71--1057,71--1057
• Citation: 266 So.2d 94
• Parties: DADE COUNTY, a political subdivision of the State of Florida, Appellant, v. Claudia PAVON et al., Appellees.
• Court: Florida District Court of Appeals

Page 94

266 So.2d 94

DADE COUNTY, a political subdivision of the State of Florida, Appellant, v. Claudia PAVON et al., Appellees.

No. 71--1057.

District Court of Appeal of Florida, Third District.

Aug. 1, 1972.

Rehearing Denied Sept. 22, 1972.

Stuart Simon, County Atty., and R. A. Cuevas, Jr., Asst. County Atty., for appellant.

Wicker, Smith, Pyszka, Blomqvist & Davant, Hansford D. Tyler, Jr., Miami, for appellees.

Before PEARSON and CHARLES CARROLL, JJ., and WILLIS, ROBERT E., Associate Judge.

PEARSON, Judge.

The plaintiff-appellant, Dade County, instituted this action for impairment of a hospital lien perfected pursuant to Chapter 27032, Laws of Florida, 1951. ¹ As the trial court's summary final judgment fully elucidates the circumstances which give rise to the controversy, we adopt that statement for the purposes of this opinion:

'1. That Dade County filed a Hospital Claim of Lien pursuant to Chapter 27032, in the official records of the Clerk of the Circuit Court of Dade County on September 11, 1971. Said lien, among other things, recited that one Luis Pavon was admitted to Jackson Memorial Hospital on August 29, 1969, and incurred a bill for care, treatment and maintenance in the sum of $3,099.00. That Dade County was informed and to its best knowledge believed that Rene N. Estrado and Ernesto Lorence were responsible to Luis Pavon for his injury or illness.

'2. Said Luis Pavon was an insured under an uninsured motorist insurance policy of Great American Insurance Company and after his death, his widow (Claudina Pavon) made claim for wrongful death and survivors action damages under said policy of insurance.

'3. Claudina Pavon settled the survivors action with Great American Insurance Company for $2,000. In connection therewith, she filed a sworn petition for order approving settlement of tort claim with no administration necessary with the County Judges Court, Dade County, Florida. Among other things, the petition recited that all medical and funeral expenses resulting from the accident had been paid and there were no outstanding debts of said Luis Pavon.

'4. On October 20, 1970, the County Judges Court, Case No. 70--3802, entered an order approving settlement of tort claim with no administration necessary. This order directed the $2,000 settlement, being the only asset of the estate, be paid to Claudina Pavon and that she be empowered to execute a release therefor.

'5. That the Hospital Claim of Lien filed by Dade County has not been satisfied and remains unpaid to date.'

The County urges error in the entry of the summary final judgment upon the basis that the appellee was not entitled to such a judgment as a matter of law. The statute under consideration, Chapter 27032, Laws of Florida, 1951, provides that the County:

'. . . shall be entitled to a lien for all reasonable charges for hospital care, treatment and maintenance of ill or injured persons upon any and all causes of action, suits, claims, counterclaims and demands accruing to the persons to whom such care, treatment or maintenance are furnished, or accruing to the legal representatives of such persons, and upon all judgments, settlements and settlement agreements rendered or entered into by virtue thereof, on account of illness or injuries giving rise to such causes of action, suits, claims, counterclaims, demands, judgment, settlement or settlement agreement and which necessitated or shall have necessitated such hospital care, treatment and maintenance.'

The act further provides:

'Section 4. No release or satisfaction of any action, suit, claim, counterclaim, demand, judgment, settlement or settlement agreement, or of any of them, shall be valid or effectual as against such lien unless such lienholder shall join therein or execute a release of such lien.

'Any acceptance of a release or satisfaction of any such cause of action, suit, claim, counterclaim, demand or judgment and any settlement of any of the foregoing in the absence of a release or satisfaction of the lien referred to in this Act shall prima facie constitute an impairment of such lien, and the lienholder shall be entitled to an action at law for damages on account of such impairment, and in such action may recover from the one accepting such release or satisfaction or making such settlement the reasonable cost of such hospital care, treatment and maintenance. Satisfaction of any judgment rendered in favor of the lienholder in any such action shall operate as a satisfaction of the lien.'

Therefore, it is apparent that the appellee insurance company comes within the provisions of the statute and would be liable to the County upon its lien unless there are intervening defenses. The appellee recognizes this fact and urges two grounds upon which the...