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ST. MARY'S HOSP., INC. v. SCHOCOFF

Nos. 98-0310, 98-1629.

725 So.2d 454 (1999)

ST. MARY'S HOSPITAL, INC., Appellant, v. Jack SCHOCOFF, and Union Bankers Insurance Company, Appellees.

District Court of Appeal of Florida, Fourth District.

February 10, 1999.

Attorney(s) appearing for the Case

Ronald D. Poltorack of Law Offices of Ronald D. Poltorack, P.A., Fort Lauderdale, and Alan M. Fisher of Alan M. Fisher, P.A., Miami, for appellant.

Michael S. Bendell of Michael Bendell, P.A., Boca Raton, for Appellee-Union Bankers Insurance Company.

OWEN, WILLIAM C., Jr. Senior Judge.

A summary judgment was entered for the defendant on its defense of accord and satisfaction. Because there remained a genuine factual issue on the parties' intent, an essential element of the defense, we reverse.

St. Mary's Hospital, Inc., ("St.Mary's") sued a patient's health insurer to recover charges incurred by the patient during his hospitalization, alleging both breach of contract1 and promissory...

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