Blue Cross & Blue Shield of Florida v. Fuller

District Court of Appeal of Florida

Blue Cross & Blue Shield of Florida v. Fuller

503 So. 2d 462, 12 Fla. L. Weekly 737, 1987 Fla. App. LEXIS 12036

CourtDistrict Court of Appeal of Florida

DecidedMarch 10, 1987

DocketNo. 86-3090

StatusPublished

This text of 503 So. 2d 462 (Blue Cross & Blue Shield of Florida v. Fuller) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Blue Cross & Blue Shield of Florida v. Fuller, 503 So. 2d 462, 12 Fla. L. Weekly 737, 1987 Fla. App. LEXIS 12036 (Fla. Ct. App. 1987).

Pincite

Opinion

PER CURIAM.

Finding that claims of Cruz Blanca Clinical Center, Inc. were made under Medicare Part B provisions, 42 U.S.C. § 1395 (1982), and that section 1395u(b)(3)(C) specifies that Part B claims are determined in “a fair hearing by the carrier, in cases where the amount in controversy is $100 or more ...” (emphasis supplied), we grant the petition for writ of prohibition and remand to the trial court with instructions to dismiss the cause for lack of subject matter jurisdiction. See United States v. Erika, Inc., 456 U.S. 201, 102 S.Ct. 1650, 72 L.Ed.2d 12 (1982); United States v. Sanet, 666 F.2d 1370 (11th Cir.1982); Bussey v. Harris, 611 F.2d 1001, 1005 n. 5 (5th Cir.1980); English v. McCrary, 348 So.2d 293 (Fla.1977).

Writ granted.

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PER CURIAM.

Finding that claims of Cruz Blanca Clinical Center, Inc. were made under Medicare Part B provisions, 42 U.S.C. § 1395 (1982), and that section 1395u(b)(3)(C) specifies that Part B claims are determined in “a fair hearing by the carrier, in cases where the amount in controversy is $100 or more ...” (emphasis supplied), we grant the petition for writ of prohibition and remand to the trial court with instructions to dismiss the cause for lack of subject matter jurisdiction. See United States v. Erika, Inc., 456 U.S. 201, 102 S.Ct. 1650, 72 L.Ed.2d 12 (1982); United States v. Sanet, 666 F.2d 1370 (11th Cir.1982); Bussey v. Harris, 611 F.2d 1001, 1005 n. 5 (5th Cir.1980); English v. McCrary, 348 So.2d 293 (Fla.1977).

Writ granted.

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Bluebook (online)

503 So. 2d 462, 12 Fla. L. Weekly 737, 1987 Fla. App. LEXIS 12036, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blue-cross-blue-shield-of-florida-v-fuller-fladistctapp-1987.

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