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FERNANDEZ v. SOUTH CAROLINA INS. CO.

No. 81-765.

408 So.2d 753 (1982)

Mirta FERNANDEZ, As Personal Representative of Angel Fernandez, Deceased, Appellant, v. SOUTH CAROLINA INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

January 12, 1982.

Attorney(s) appearing for the Case

McDermott, Will & Emery and Byron B. Mathews, Jr., Miami, for appellant.

Corlett, Merritt, Killian & Sikes and Linda Shelley, Miami, for appellee.

Before SCHWARTZ, BASKIN and DANIEL S. PEARSON, JJ.

BASKIN, Judge.

We affirm the trial court order denying appellant attorney's fees. In so doing, we reject appellant's contention that the hospital lien law, Chapter 25C, Dade County Code (Code 1959), is inapplicable to personal injury protection (PIP) benefits. We hold that under Chapter 25C, a hospital lien takes priority over benefits covering funeral expenses, lost wages, and lost earning capacity which would be available to appellant under appellee's PIP coverage...

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