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VILLA MARIA NURSING v. SOUTH BROWARD HOSP.

No. 4D07-4433.

8 So.3d 1167 (2009)

VILLA MARIA NURSING AND REHABILITATION CENTER, INC., Appellant, v. SOUTH BROWARD HOSPITAL DISTRICT d/b/a Memorial Hospital West, Appellee.

District Court of Appeal of Florida, Fourth District.

April 8, 2009.

Attorney(s) appearing for the Case

Anne C. Sullivan of Gaebe Mullen Antonelli Esco & Dimatteo, Coral Gables, for appellant.

Nancy W. Gregoire of Bunnell Woulfe Kirschbaum Keller & Gregoire, P.A., Fort Lauderdale, and William V. Carcioppolo of Heath & Carcioppolo, P.A., Fort Lauderdale, for appellee.

GROSS, C.J.

The circuit court granted summary judgment and dismissed an equitable subrogation case with prejudice. We reverse, holding that the dismissal should have been without prejudice because the plaintiff still had time to comply with a statutory notice provision that is a condition precedent to filing suit.

Villa Maria Nursing and Rehabilitation Center, Inc., operates a nursing home. In June 1999, Betty Sanders was admitted as a patient. When...

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