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Florida Statute 641.28 | Lawyer Caselaw & Research
F.S. 641.28 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 641.28

The 2023 Florida Statutes (including Special Session C)

Title XXXVII
INSURANCE
Chapter 641
HEALTH CARE SERVICE PROGRAMS
View Entire Chapter
F.S. 641.28
641.28 Civil remedy.In any civil action brought to enforce the terms and conditions of a health maintenance organization contract, the prevailing party is entitled to recover reasonable attorney’s fees and court costs. This section shall not be construed to authorize a civil action against the commission, office, or department, their employees, or the Chief Financial Officer or against the Agency for Health Care Administration, its employees, or the director of the agency.
History.s. 12, ch. 72-264; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 790, 804, 809(1st), ch. 82-243; s. 9, ch. 83-198; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 24, ch. 96-199; s. 1571, ch. 2003-261.

F.S. 641.28 on Google Scholar

F.S. 641.28 on Casetext

Amendments to 641.28


Arrestable Offenses / Crimes under Fla. Stat. 641.28
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 641.28.



Annotations, Discussions, Cases:

Cases from cite.case.law:

LONG, v. AvMED, INC., 14 So. 3d 1264 (Fla. Dist. Ct. App. 2009)

. . . On appeal, Long continues to argue the trial court should have awarded fees under section 641.28, Florida . . . Section 641.28 is limited to only those suits “brought to enforce.” . . .

In E. BELCHER, Jr. I., 410 B.R. 206 (Bankr. W.D. Va. 2009)

. . . According to the information provided with Wachovia’s proofs of claim, the Debtors have 295 payments of $641.28 . . .

FOUNDATION HEALTH, v. WESTSIDE EKG ASSOCIATES, v. EKG v. EKG, 944 So. 2d 188 (Fla. 2006)

. . . . § 641.28 (recognizing that attorney’s fees are available to the prevailing party in a civil action . . .

WESTSIDE EKG ASSOCIATES, v. FOUNDATION HEALTH a f k a PCA f k a f k a PCA, 932 So. 2d 214 (Fla. Dist. Ct. App. 2005)

. . . See §§ 641.28; 641.3917; 641.3105(1). . . . We note that section 641.28 implicitly recognizes that civil actions are available to enforce the terms . . .

VILLAZON, v. PRUDENTIAL HEALTH CARE PLAN, INC., 843 So. 2d 842 (Fla. 2003)

. . . Section 641.28, Florida Statutes (2002), provides: Civil remedy.' — In any civil action brought to enforce . . .

FLORIDA PHYSICIANS UNION, INC. v. UNITED HEALTHCARE OF FLORIDA, INC., 837 So. 2d 1133 (Fla. Dist. Ct. App. 2003)

. . . First, section 641.28. . . . Section 641.28 authorizes attorney fee awards specifically on a "health maintenance organization contract . . .

GREENE C. v. WELL CARE HMO, INC., 778 So. 2d 1037 (Fla. Dist. Ct. App. 2001)

. . . In particular, they argue that under section 641.28, and the case law, there is an implied intent by . . . Section 641.28 provides: Civil remedy. . . .

PUIG, v. PASTEUR HEALTH PLAN, INC., 640 So. 2d 101 (Fla. Dist. Ct. App. 1994)

. . . .” § 641.28, Fla.Stat. (1993). . . . There is therefore no prevailing party for purposes of an award of attorney’s fees under section 641.28 . . . The remaining question is whether section 641.28 defines costs to include attorney’s fees, so that attorney . . . Under section 641.28, Florida Statutes, costs are not defined so as to include attorney’s fees. . . . presuit correspondence the HMO made clear that it would seek attorney's fees under the HMO statute [§ 641.28 . . .

AUGUSTIN, v. HEALTH OPTIONS OF SOUTH FLORIDA, INC., 580 So. 2d 314 (Fla. Dist. Ct. App. 1991)

. . . favor of the plaintiff and therefore entitled the plaintiff to an award of attorney’s fees under § 641.28 . . .

ALTHOURISTE v. CENTURY MEDICAL HEALTH PLAN, INC., 47 Fla. Supp. 2d 143 (Fla. Cir. Ct. 1991)

. . . failed to provide certain medical benefits and asks for attorney fees under the provisions of F.S. 641.28 . . . which provides: “641.28 Civil Remedy. — In any civil action brought to enforce the terms and conditions . . . By assessing attorney fees against the losing party, F.S. 641.28 discourages groundless litigation and . . . Section XIV of the HMO contract which seeks to waive attorney fees is contrary to the provisions of F.S. 641.28 . . .

RIERA, v. FINLAY MEDICAL CENTERS HMO CORPORATION,, 543 So. 2d 372 (Fla. Dist. Ct. App. 1989)

. . . . § 641.28, Fla.Stat. (1985). . . .

PEREZ v. CLAUDIO DIAZ, M. D. P. A., 519 So. 2d 1107 (Fla. Dist. Ct. App. 1988)

. . . We reverse the order under review because Sections 57.105 and 641.28, Florida Statutes (1985), the statutes . . .

In T. BENSON, U. S. A. VETERANS ADMINISTRATION, v. T. BENSON,, 76 B.R. 381 (Bankr. D. Del. 1987)

. . . . $31,-641.28 on a real estate installment contract and that $5,040.21 was due in arrearage. . . .