SHANT WELLNESS, LLC A/A/O RICARDO ROQUE
v.
GEICO GENERAL INSURANCE COMPANY

Fla. 5th DCA | 2021-09-09
No. 20-2706
Florida District Court of Appeal, Fifth District (2021)

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Holding

The court held that the circuit court's appellate decision was erroneous and should be quashed, remanding the case for further proceedings consistent with a prior related decision.


Facts & Procedural History

Petitioner sought certiorari review of a circuit court's appellate decision concerning a dispute with Respondent. The case involved a prior county cou…

The full statement of facts, procedural history, and disposition for this case are member content.

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Opinion of the Court

EDWARDS, J.

Based upon our decision in Hands On Chiropractic PL a/a/o Justin Wick v. Geico General Insurance Co., No. 20-2705 (Fla. 5th DCA Sept. 10, 2021), we grant the petition for writ of certiorari, 1 quash the circuit court’s appellate decision in this case, and affirm the county court’s summary judgment in part and reverse it in part. We remand this matter to the county court for further proceedings consistent with this opinion, including calculation of and entry of final judgment for the balance owed to Petitioner from Respondent in accordance with the above cited opinion. 2 PETITION GRANTED; CIRCUIT COURT’S OPINION QUASHED.

County Court’s Summary Judgment AFFIRMED, in Part; REVERSED, in Part; and REMANDED to County Court with instructions.

WALLIS and WOZNIAK, JJ., concur. Under the circumstances, while we grant the petition, it will not be 1 necessary to actually issue the writ of certiorari. 2 By a separate order, we provisionally grant Petitioner’s motion for appellate attorney’s fees which will be determined by the county court on remand. 2


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