Didonato v. Youth Investments

Full title: FRANK DIDONATO, Appellant, v. YOUTH INVESTMENTS OF DAVIE INCORPORATED, a…

Court: District Court of Appeal of Florida, Fourth District

Date published: May 5, 2004

870 So. 2d 206 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 4D03-1394.

Opinion filed May 5, 2004.

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County, Leroy H. Moe, Judge, L.T. Case No. 01-21084 (13).

Patrice A. Talisman of Hersch Talisman, P.A., and Feinstein Sorota, P.A., Miami, for appellant.

Warren B. Kwavnick and John H. Richards of Cooney, Mattson, Lance, Blackburn, Richards O'Connor, P.A., Fort Lauderdale, for appellee.

ON MOTION FOR CERTIFICATION

PER CURIAM.

We grant appellant's motion for certification and, as we did in Thyssenkrupp Elevator Corp. v. Lasky, 29 Fla. L. Weekly D608, D609 n. 1 (Fla. 4th DCA Mar. 10, 2004) (on rehearing), certify conflict:

One could argue there is no conflict with Goble v. Frohman, 848 So.2d 406 (Fla. 2d DCA 2003), review granted, (Fla. Jan. 22, 2004), which involved HMO benefits rather than Medicare. To the extent that HMO benefits and Medicare benefits are interchangeable for this subject, however, we certify conflict.

WARNER, STEVENSON and GROSS, JJ., concur.