Legal Opinion · Concurrence

Morton F. Plant Hospital Ass'n v. McDaniel

District Court of Appeal of Florida

Decided February 2, 1983No. 80-1990Published

1ConcurrenceDanahy, Judge

I agree with the result but not the rationale of the majority. Rather than reversing on the basis that summary dismissal was inappropriate as a procedural matter because the foreign divorce decree and other facj,s and circumstances were not before the trial court, I would address the question posed by the complaint and its dismissal: Whether Morton F. Plant Hospital Association, Inc.’s complaint against McDaniel is subject to dismissal solely on the basis that McDaniel was obligated to pay child support under the foreign divorce decree. I would hold that it is not. In my view, the terms of…

2Cases cited5 opinions

  1. VARIETY CHILDREN'S HOSP v. VigliottiDistrict Court of Appeal of Florida · 1980
  2. Parks v. ParksCourt of Appeals of Kentucky (pre-1976) · 1925
  3. Smith v. SmithSupreme Court of Georgia · 1911
  4. Lawrence v. CoxCourt of Appeals of Texas · 1971
  5. County of York v. JohnsonNebraska Supreme Court · 1980

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