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POLLO OPERATIONS, INC. v. TRIPP

No. 3D03-781.

906 So.2d 1101 (2005)

POLLO OPERATIONS, INC., Appellant, v. Edna G. TRIPP, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied August 5, 2005.

Attorney(s) appearing for the Case

Kubicki Draper and Caryn L. Bellus, Miami, for appellant.

Philip D. Parrish; and Robert C. Maland, Miami, for appellee.

Before GERSTEN, FLETCHER and SHEPHERD, JJ.

Rehearing and Rehearing En Banc Denied August 5, 2005.

SHEPHERD, J.

This is an appeal from a final order directing an insured tortfeasor to write a settlement check directly to the Plaintiff without receiving a release of Medicare's lien. We find that the decision of the lower court misinterpreted the previously negotiated Settlement Agreement between the Plaintiff, Defendant and the Defendant's insurer, and therefore...

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