Legal Opinion
St. Mary's Hospital, Inc. v. Schocoff
District Court of Appeal of Florida
Decided February 10, 1999No. Nos. 98-0310, 98-1629PublishedCited by 4 opinions
1Opinion of the Court
OWEN, WILLIAM C., Jr. Senior Judge.
A summary judgment was entered for the defendant on its defense of accord and satisfaction. Because there remained a genuine factual issue on the parties’ intent, an essential element of the defense, we reverse.
St. Mary’s Hospital, Inc., (“St.Mary’s”) sued a patient’s health insurer to recover charges incurred by the patient during his hospitalization, alleging both breach of contract1 and promissory estoppel. The insurer’s affirmative defense of accord and satisfaction was based on St. Mary’s having deposited the insurer’s check for benefits enclosed in a…
2Cases cited10 opinions
- Eder v. Yvette B. Gervey Interiors, Inc.District Court of Appeal of Florida · 1981
- Pino v. LopezDistrict Court of Appeal of Florida · 1978
- Best Concrete Corp. v. Oswalt Engineering Serv. Corp.District Court of Appeal of Florida · 1966
- Yelen v. Cindy's Inc.District Court of Appeal of Florida · 1980
- Pino v. Union Bankers Ins. Co.District Court of Appeal of Florida · 1993
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3Cited by4 opinions
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- CONSTRUCTION CONSULTING, INC. v. THE DISTRICT BOARD OF TRUSTEES OF BROWARD COLLEGEDistrict Court of Appeal of Florida · 2022
- Madison at Soho II Condominium Association v. Devo Acquisition Enterprises, LLCDistrict Court of Appeal of Florida · 2016