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Best Am. Diagnostic Ctr. v. United Auto. Ins. Co.

Florida Court of Appeals, Third District
Jan 26, 2022
No. 3D21-0434 (Fla. Dist. Ct. App. Jan. 26, 2022)

Opinion

3D21-0434

01-26-2022

Best American Diagnostic Center, a/a/o Maricel Alvarez, Appellant, v. United Automobile Insurance Company, Appellee.

David B. Pakula, P.A., and David B. Pakula (Pembroke Pines); Law Office of Fernando J. Pomares, P.A., and Fernando J. Pomares, for appellant. Michael J. Neimand, for appellee.


Not final until disposition of timely filed motion for rehearing.

An Appeal from the County Court for Miami-Dade County, Lower Tribunal No. 19-3094 SP Lawrence D. King, Judge.

David B. Pakula, P.A., and David B. Pakula (Pembroke Pines); Law Office of Fernando J. Pomares, P.A., and Fernando J. Pomares, for appellant.

Michael J. Neimand, for appellee.

Before SCALES, HENDON and MILLER, JJ.

PER CURIAM. 1

Recognizing that the challenged final summary judgment effects a forfeiture of coverage, and based on appellee United Auto Insurance Company's concession that it was not its intent for coverage to have been forfeited in this case, we reverse the trial court's summary judgment and remand for further proceedings.

At oral argument, United Auto's counsel conceded that United Auto would have no objection to a reversal of the trial court's final summary judgment, so long as this Court instructed the trial court, on remand, to disregard any future claim by the appellant for attorney's fees incurred prior to remand. As appealing, and perhaps appropriate, as such a remand instruction may be, this issue is not currently before us and "Florida's appellate courts are not authorized to issue advisory opinions." Merkle v. Guardianship of Jacoby, 912 So.2d 595, 599 (Fla. 2d DCA 2005).

Reversed and remanded. 2


Summaries of

Best Am. Diagnostic Ctr. v. United Auto. Ins. Co.

Florida Court of Appeals, Third District
Jan 26, 2022
No. 3D21-0434 (Fla. Dist. Ct. App. Jan. 26, 2022)
Case details for

Best Am. Diagnostic Ctr. v. United Auto. Ins. Co.

Case Details

Full title:Best American Diagnostic Center, a/a/o Maricel Alvarez, Appellant, v…

Court:Florida Court of Appeals, Third District

Date published: Jan 26, 2022

Citations

No. 3D21-0434 (Fla. Dist. Ct. App. Jan. 26, 2022)