GEICO INDEMNITY COMPANY
v.
QUALITY DIAGNOSTIC HEALTHCARE INC., ETC.
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The trial court erred in its interpretation of section 672.736(1)(a)(5), Florida Statutes, and must reconsider the cases in light of Geico General Insurance Co. v. Beacon Healthcare Center Inc.
[1] A trial court's interpretation of section 672.736(1)(a)(5), Florida Statutes, that conflicts with binding appellate precedent requires reversal and remand even when the p…
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Join FLexlaw to unlock all legal intelligenceGEICO appealed multiple consolidated judgments entered in favor of Quality Diagnostic Healthcare, Inc. The trial court had interpreted section 672.736…
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Appeals from the County Court for Miami-Dade County, Gloria Gonzalez-Meyer and Lawrence D. King, Judges. Smith, Gambrell & Russell, LLP, and John P. Marino, and Kristen L. Wenger, and Drew Krieger, and Lindsey R. Trowell, and Edward K. Cottrell (Jacksonville), for appellants. Christian Carrazana, P.A., and Christian Carrazana, for appellee. Before EMAS, MILLER, and LOBREE, JJ.
PER CURIAM.
Through these consolidated appeals, appellant, Geico Indemnity Company, challenges a series of final judgments entered in favor of appellee, Quality Diagnostic Healthcare, Inc. Geico contends the lower tribunal erred in interpreting section 672.736(1)(a)(5), Florida Statutes.
Recognizing the able trial 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 and reverse and remand the orders under review for further proceedings in accordance with this binding precedent.
Reversed and remanded.