Summary
The court granted Gerrie Harp’s motion to dismiss a hospital’s claim seeking payment for her husband’s necessary medical expenses. Although the court concluded that applying the common-law doctrine of necessaries only to husbands would violate equal protection, it followed the Florida Supreme Court’s contrary holding in Shands Teaching Hospital and Clinics, Inc. v. Smith.
Holdings
- Under the controlling Florida Supreme Court precedent in Shands Teaching Hospital and Clinics, Inc. v. Smith, Gerrie Harp was not liable for her husband's necessary hospital expenses absent an agreement to pay them; the motion to dismiss was therefore granted.
Questions Presented
- Whether Gerrie Harp could be held liable for her husband's necessary hospital expenses under Florida's common-law doctrine of necessaries when she had not agreed to pay them.
- Whether the circuit court could modify or equalize Florida's common-law doctrine of necessaries on equal-protection grounds despite controlling Florida Supreme Court precedent.
Disposition
dismissed
Cases Cited (8)
- Shands Teaching Hospital and Clinics, Inc. v. Smith, 497 So. 2d 644 (Fla. 1986)(followed)
- Halifax Hospital Medical Center v. Ryals, 526 So. 2d 1022 (Fla. 5th DCA 1988)(followed)
- Manatee Convalescent Center, Inc. v. McDonald, 392 So. 2d 1356 (Fla. 2d DCA 1980)(disapproved by cited authority)
- Parkway General Hospital, Inc. v. Stern, 400 So. 2d 166 (Fla. 3d DCA 1981)(disapproved by cited authority)
- Jersey Shore Medical Center-Fitkin Hospital v. Estate of Baum, 84 N.J. 137, 417 A.2d 1003 (1980)(considered)
- Webb v. Hillsborough County Hospital Authority, 521 So. 2d 199, 205-207 (Fla. 2d DCA 1988)(relied upon)
- Schilling v. Bedford County Memorial Hospital, Inc., 225 Va. 539, 303 S.E. 2d 905 (1983)(considered)
- Orr v. Orr, 440 U.S. 268, 99 S. Ct. 1102, 59 L. Ed. 2d 306 (1979)(considered)
Cited In (0)
No citing cases on record yet.
Court Document
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