VARIETY CHILDREN'S HOSP v. VIGLIOTTI

No. 79-959.

385 So.2d 1052 (1980)

VARIETY CHILDREN'S HOSPITAL, INC., Appellant, v. Jean VIGLIOTTI, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 31, 1980.


Attorney(s) appearing for the Case

Atkinson, Golden, Bacen & Diner and Constance J. Kaplan, Hollywood, for appellant.

Mason & Meyerson and John C. Maine, Jr., Miami, for appellee.

Before BARKDULL and BASKIN, JJ., and EZELL, BOYCE F., Jr. (Ret.), Associate Judge.


BASKIN, Judge.

Variety Children's Hospital appeals from a final order dismissing its complaint against Jean Vigliotti for payment for medical services rendered to her minor child. The trial court found that a written agreement to pay, signed by the father at the time of the child's admission, superseded any implied contract against the mother and foreclosed any possibility of liability on her part. We disagree and reverse.

The amended complaint alleged that...

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