Summary
holding that settlement of the debt underlying the hospital's lien extinguished the lien
Summary of this case from West v. Shelby Cnty. Healthcare Corp.Opinion
No. 79-2178.
June 17, 1980.
Appeal from the Circuit Court, Dade County, Francis X. Knuck, J.
Pelzner, Schwedock Finkelstein and Peter S. Schwedock, Miami, for appellant.
George A. Buchmann, South Miami, for appellee.
Before BARKDULL, HUBBART and BASKIN, JJ.
The final summary judgment under review is reversed and the cause is remanded to the trial court with directions to enter a final summary judgment in favor of the appellant Melissa Maxwell, as requested below, upon a holding that the hospital lien filed by appellee South Miami Hospital Foundation, Inc., pursuant to Ch. 27032, Laws of Florida (1951), in the subject personal injury tort action was extinguished by operation of law when the appellant and appellee amicably settled the underlying debt upon which the hospital lien was based. 21 Fla.Jur. "Liens" § 28 (1958); see White v. White, 129 So.2d 148, 152 (Fla.1st DCA 1961).