Villa Maria Nursing & Rehabilitation Center, Inc. v. South Broward Hospital District
District Court of Appeal of Florida
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…
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