Opinion
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.
Not final until disposition of timely filed motion for rehearing.
Appeal from the County Court for the Seventeenth Judicial Circuit, Broward County; Steven DeLuca, Judge; L.T. Case No. CONO21-017816.
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.