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Advanced Diagnostic Group v. Direct General Insurance Company

District Court of Appeal of Florida, Fourth District.
Dec 7, 2022
351 So. 3d 31 (Fla. Dist. Ct. App. 2022)

Opinion

No. 4D21-3568

12-07-2022

ADVANCED DIAGNOSTIC GROUP, a/a/o Gladys Soto, Appellant, v. DIRECT GENERAL INSURANCE COMPANY, Appellee.

Chad A. Barr of Chad Barr Law, Altamonte Springs, for appellant. William J. McFarlane, III and Michael K. Mittelmark of McFarlane Law McFarlane Dolan & Prince, Coral Springs, for appellee.


Chad A. Barr of Chad Barr Law, Altamonte Springs, for appellant.

William J. McFarlane, III and Michael K. Mittelmark of McFarlane Law McFarlane Dolan & Prince, Coral Springs, for appellee.

ON CONFESSION OF ERROR

Per Curiam. A provider, as the insured's assignee, appeals an order dismissing its complaint for breach of contract. The provider argues the trial court erred in dismissing the provider's complaint based on a declaratory judgment issued in another case for which the provider neither received notice nor participated.

The insurer has filed a Confession of Error. We therefore reverse and remand the case to the trial court to vacate the order of dismissal.

Reversed and remanded.

May, Gerber and Artau, JJ., concur.


Summaries of

Advanced Diagnostic Group v. Direct General Insurance Company

District Court of Appeal of Florida, Fourth District.
Dec 7, 2022
351 So. 3d 31 (Fla. Dist. Ct. App. 2022)
Case details for

Advanced Diagnostic Group v. Direct General Insurance Company

Case Details

Full title:ADVANCED DIAGNOSTIC GROUP, a/a/o Gladys Soto, Appellant, v. DIRECT GENERAL…

Court:District Court of Appeal of Florida, Fourth District.

Date published: Dec 7, 2022

Citations

351 So. 3d 31 (Fla. Dist. Ct. App. 2022)