Leal v. Palm Springs General Hospital, Inc., of Hialeah
| Decision Date | 28 January 1969 |
| Docket Number | 67--1059,Nos. 67--915,s. 67--915 |
| Parties | Eutimio LEAL and Georgina Leal, Appellants, v. PALM SPRINGS GENERAL HOSPITAL, INC., OF HIALEAH, a Florida corporation, and State Farm Mutual Automobile Insurance Company, Appellees. |
| Court | Florida District Court of Appeals |
Edward B. Johnson, Jr., Jeanne Heyward, Miami, for appellants.
Wicker, Smith, Pyszka, Blomqvist & Davant, Miami, Sinclair, Louis & Huttoe, and Paul Siegel, Miami, for Palm Springs General Hospital.
Walton, Lantaff, Schroeder, Carson & Wahl and Richard J. Thornton, Miami, for State Farm Mut. Auto. Ins. Co.
Before BARKDULL, HENDRY and SWANN, JJ.
These two appeals shall be consolidated for purposes of this opinion. Issues of law in both cases came about as a result of certain facts which we set forth in detail in a companion case, Palm Springs General Hospital, Inc. of Hialeah v. State Farm Mutual Automobile Insurance Company; and Eutimio Leal and Georgina Leal, Fla.App., 218 So.2d 793, (1969).
In the trial of this cause, the appellant here, Leal, filed a compulsory counterclaim as to certain acts which he alleged to have been negligent, and which arose from his transfer from the Palm Springs Hospital to Jackson Memorial Hospital. The trial court dismissed this counterclaim with prejudice on the basis of untimeliness. Case No. 67--1059 contends that such dismissal was error, and after considering the argument of parties, we agree. Thus, we hold that the final judgment which dismissed Leal's counter-claim with prejudice be reversed.
Leal also filed pleadings which put into issue the reasonableness of the amounts charged him by Palm Springs Hospital. The court entered summary and final judgment against Leal as to this issue, and in case No. 67--915, he contends that such judgment was error. We have examined the record and conclude that genuine issues of fact existed which should have precluded the entrance of a summary judgment as to the issue of reasonableness of the hospital's charges. Therefore, we hold that it was error to enter summary and final judgment against Leal in the hospital's favor, and reverse.
Upon the foregoing reasons, we conclude that the orders appealed both be, and hereby are reversed.
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Palm Springs General Hospital, Inc. of Hialeah v. State Farm Mut. Auto. Ins. Co., 67--913
...purposes of this appeal, we need not comment as to any of the circumstances surrounding the move. (See Leal v. Palm Springs General Hospital, Inc., of Hialeah et al., 218 So.2d 800. (Third District Court of Appeals)) The first confrontation between the hospital's counsel and Leal's attorney......