Legal Opinion

Villa Maria Nursing & Rehabilitation Center, Inc. v. South Broward Hospital District

District Court of Appeal of Florida

Decided April 8, 2009No. 4D07-4433PublishedCited by 7 opinions

1Opinion of the CourtGross, C.J.

The circuit court granted summary judgment and dismissed an equitable sub-rogation case with prejudice. We reverse, holding that the dismissal should have been without prejudice because the plaintiff still had time to comply with a statutory notice provision that is a condition precedent to filing suit.

Villa Maria Nursing and Rehabilitation Center, Inc., operates a nursing home. In June 1999, Betty Sanders was admitted as a patient. When she was discharged on June 30, she had a sacral wound. From July 6 to July 28, 1999, Sanders was admitted three times as a patient to a hospital operated by…

2Cases cited20 opinions

  1. Dade Cty. Sch. Bd. v. Radio Station WQBASupreme Court of Florida · 1999
  2. Commercial Carrier Corp. v. Indian River Cty.Supreme Court of Florida · 1979
  3. Stuart v. Hertz Corp.Supreme Court of Florida · 1977
  4. Underwriters at Lloyds v. City of Lauderdale LakesSupreme Court of Florida · 1980
  5. Allstate Ins. Co. v. Metropolitan Dade CountyDistrict Court of Appeal of Florida · 1983

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3Cited by7 opinions

  1. Woodburn v. Florida Department of Children & Family ServicesDistrict Court, S.D. Florida · 2011
  2. Fenderson v. United Automobile Insurance Co.District Court of Appeal of Florida · 2010
  3. Allen v. CrewsDistrict Court of Appeal of Florida · 2014
  4. Certain Underwriters at Lloyd's London v. CIRSCO, Commercial Industrial Roof Services CompanyDistrict Court, M.D. Florida · 2025
  5. Community Power Network Corporation d/b/a Solar United Neighbors v. JEA, a Florida municipal electric utilityDistrict Court of Appeal of Florida · 2021

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