11-5236 BAPTIST HOSPITAL, INC., v. MARC BAKER AND MARCO DEMELLO, individually and on behalf of all others similarly situated

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Laws-info.com » Cases » Florida » Florida First District Court » 2012 » 11-5236 BAPTIST HOSPITAL, INC., v. MARC BAKER AND MARCO DEMELLO, individually and on behalf of all others similarly situated

State: Florida

Court: Florida First District Court

Docket No: 11-5236

Case Date: 04/09/2012

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA BAPTIST HOSPITAL, INC., Appellant, v. MARC BAKER AND MARCO DEMELLO, individually and on behalf of all others similarly situated, Appellees. _____________________________/ Opinion filed April 9, 2012. An appeal from the Circuit Court for Santa Rosa County. Marci L. Goodman, Judge. J. Nixon Daniel, III, and Jack W. Lurton of Beggs & Lane, RLLP, Pensacola, for Appellant. Bobby J. Bradford and R. Jason Richards of Aylstock, Witkin, Kreis & Overholtz, PLLC, Pensacola, for Appellees. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D11-5236

WETHERELL, J. Baptist Hospital, Inc. (BHI) appeals the order certifying two classes in this suit challenging the liens imposed by BHI under Escambia County's hospital lien

law 1 for services rendered at BHI's satellite facilities in Santa Rosa County. BHI argues, and we agree, that the trial court abused its discretion in certifying Class II because the representative for that class, Appellee Marco Demello, lacks standing and because the trial court's order is facially inconsistent as to whether Demello meets the typicality requirement for the class. Accordingly, we reverse the

certification of Class II. We affirm the certification of Class I and the designation of Appellee Marc Baker as representative of that class without further comment. BACKGROUND In October 2010, Demello and William Kollar filed a class action complaint against BHI alleging unjust enrichment and violations of the Florida Deceptive and Unfair Trade Practices Act (FDUTPA), and seeking damages, injunctive, and declaratory relief. The complaint alleged that Demello and Kollar were each treated in the emergency room of a hospital owned and operated by BHI in Santa Rosa County following automobile accidents; that BHI asserted liens under the Escambia County hospital lien law for the cost of the treatment; and that the liens were invalid because, unlike Escambia County, Santa Rosa County had not adopted a hospital lien law. The complaint sought certification of two classes, with Kollar (whose lien had not been satisfied) as representative of Class I and Demello (who had paid his lien) as representative of Class II. The complaint was amended

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Chapter 30733, Laws of Florida (1955). 2

to substitute Baker as the putative representative for Class I after the trial court granted summary judgment against Kollar.2 As reflected in the amended

complaint and the amended motion for class certification, the proposed classes were as follows: Class I All persons who had a hospital lien asserted by Baptist Hospital, Inc., pursuant to Chapter 30733, Laws of Florida 1955, on or after October 21, 2006, for injuries for which they received medical care at Gulf Breeze Hospital, Baptist Medical Park-Navarre, Jay Hospital, The Andrews Institute and/or The Andrews InstituteNavarre. Class II All persons who paid, in whole or in part, from any source a hospital lien asserted by Baptist Hospital, Inc., pursuant to Chapter 30733, Laws of Florida 1955, on or after October 21, 2006, for injuries for which they received medical care at Gulf Breeze Hospital, Baptist Medical Park-Navarre, Jay Hospital, The Andrews Institute and/or The Andrews Institute-Navarre, and for whom Baptist Hospital, Inc., has billed health care and/or insurance entity(ies), including but not limited to Medicare, Medicaid, Med-Pay, Tricare, workers compensation, and no fault automobile insurance, for the medical care provided and received payment from such entity(ies). On August 31, 2011, after an evidentiary hearing, the trial court entered an order granting the amended motion for class certification. The order included Kollar's appeal of the order granting summary judgment is pending in case number 1D11-3890. 3
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detailed findings on each of the prerequisites for class certification under Florida Rule of Civil Procedure 1.220(a)

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