Kendra Therrell, of the Fort Myers office, prevailed in obtaining a final summary judgment in favor of our client in a lien impairment lawsuit filed by a health care facility. In prior cases, the same trial judge had found the lien impairment statute to be unconstitutional as a special law which pertains to the creation, enforcement, extension, and/or impairment of liens based on private contracts. In this case, Kendra further persuaded the trial court to hold the lien law unconstitutional on additional grounds, including that it is a special law pertaining to the regulation of occupations which are already regulated by a state agency, in violation of Article III, §11(a)(20) of the Florida Constitution; the subject lien law impairs the obligation of contracts between the insurer and its insured, in violation of Article I, §10 of the Florida Constitution; and further, if the constitutionality ruling is overturned on appeal, the damages sought by the health care facility would be limited or reduced to the applicable underinsured motorist coverage policy limits. (The healthcare facility will likely appeal the ruling).
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9100 South Dadeland Blvd.
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Miami, FL. 33156 305.374.1212
125 West Romana St.
Suite 550
Pensacola, FL 32502 850.434.0003
1705 Metropolitan Blvd.
Suite 202
Tallahassee, FL 32308 850.222.5188
201 South Orange Ave.
Suite 475
Orlando, FL 32801 407.245.3630
13350 Metro Parkway
Suite 401
Fort Myers, FL 33966 239.334.8403
402 Applerouth Lane
Suite 2C
Key West, FL 33040 305.509.7300
1 Independent Drive
Suite 1601
Jacksonville, FL 32202 904.396.0062
1396 NE 20th Ave.
Suite 500
Ocala, FL 34470 352.622.4222
400 North Ashley Drive
Suite 1200
Tampa, FL 33602 813.204.9776
110 East Broward Blvd.
Suite 1400
Fort Lauderdale, FL 33301 954.768.0011
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Suite 800
West Palm Beach, FL 33401 561.640.0303
11 North Water St.
Suite 10290
Mobile, AL 36602 251.308.3351