GEICO GENERAL INSURANCE COMPANY
v.
FINLAY DIAGNOSTIC CENTER, INC., A/A/O MARIA P. CRUZ
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Geico General Insurance Company appealed a summary judgment entered in favor of Finlay Diagnostic Center, Inc., challenging the trial court's interpretation of Florida Statutes section 627.736(1)(a)(5). The appellate court reversed and remanded, finding that the lower tribunal did not have the benefit of the court's prior decision in Geico General Insurance Co. v. Beacon Healthcare Center Inc. when rendering judgment.
The court reversed and remanded the summary judgment, finding that the lower tribunal erred in its interpretation of section 627.736(1)(a)(5), Florida Statutes, as it did not have the benefit of the court's decision in Geico General Insurance Co. v. Beacon Healthcare Center Inc. when rendering judgment.
[1] A trial court's interpretation of Florida Statutes section 627.736(1)(a)(5) may be erroneous where rendered without benefit of subsequent appellate precedent providing co…
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Join FLexlaw to unlock all legal intelligenceGeico brought an action against Finlay Diagnostic Center, Inc., a/a/o Maria P. Cruz involving an interpretation of statutory provisions regarding insu…
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Opinion filed April 28, 2021. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D21-0026 Lower Tribunal Nos. 14-281 CC &18-360 AP ________________
Geico General Insurance Company,
Appellant,
vs.
Finlay Diagnostic Center, Inc., a/a/o Maria P. Cruz, Appellee.
An appeal from the County Court for Miami-Dade County, Gloria Gonzalez-Meyer, Judge. Kubicki Draper P.A., and Caryn L. Bellus, and Angela C. Flowers, for appellant. David B. Pakula, P.A., and David B. Pakula (Pembroke Pines); and Corredor, Husseini & Snedaker, P.A., and Tim Snedaker, for appellee. Before SCALES, MILLER, and LOBREE, JJ. MILLER, J.
Appellant, Geico General Insurance Company, challenges a final summary judgment entered in favor of appellee, Finlay Diagnostic Center, Inc.1 On appeal, Geico contends the lower tribunal erred in interpreting section 627.736(1)(a)(5), Florida Statutes. Recognizing the court did not have the benefit of our decision in Geico General Insurance Co. v. Beacon Healthcare Center Inc., 298 So. 3d 1235 (Fla. 3d DCA 2020), at the time judgment was rendered, we agree.2 Accordingly, we reverse and remand the order under review.3 See also S. Owners Ins. Co. v. Hendrickson, 299 So. 3d 524 (Fla. 5th DCA 2020).
Reversed and remanded.
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