MANTESTA v. FLA. PATIENT'S COMP. FUND

No. 85-2417.

506 So.2d 35 (1987)

John MANTESTA, Appellant, v. FLORIDA PATIENT'S COMPENSATION FUND, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 18, 1987.


Attorney(s) appearing for the Case

David Krathen and Gary M. Farmer of Gary M. Farmer, P.A., Fort Lauderdale, for appellant.

Valerie Shea of Conrad, Scherer & James, Fort Lauderdale, for appellee.


DOWNEY, Judge.

The issue before us in this appeal is whether the acceptance of certain checks and promissory notes by appellant in the settlement of a medical malpractice action constitutes "payment" within the meaning of section 768.54(2)(b), Florida Statutes (1981), so as to trigger the obligation of the Florida Patient's Compensation Fund to pay the covered claim. We hold that it does, based on the facts of this case.

Appellant, John Mantesta, the plaintiff...

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