Lee Memorial Health System v. Progressive Select Insurance Co.
The Supreme Court reversed certain portions of the decision of the Second District Court of Appeal holding that chapter 2000-439, section 18, Laws of Florida (the LMHS Lien Law) is invalid under the Florida Constitution, holding that the Second District should not have reached the question of whether the LMHS Lien Law violates the constitutional prohibition against the impairment of contracts under article I, section 10 because the issue was not properly before the court. Specifically, the Supreme Court held (1) the Second District correctly found that the LMHS Lien Law violates article III, section 11(a)(9) of the Florida Constitution as a special law pertaining to the “creation, enforcement, extension or impairment of liens based on private contracts”; (2) the Second District erred in addressing the contract-impairment issue because the Attorney General was not served with proper notice as to that issue under Fla. R. Civ. P. 1.071; and (3) a discussion of statutory damages was unnecessary in light of the determination that the LMHS Lien Law cannot be enforced due to its unconstitutionality. View "Lee Memorial Health System v. Progressive Select Insurance Co." on Justia Law