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Garcia v. Humana Medical Plan, Inc.

District Court of Appeal of Florida, Third District
Oct 18, 2000
769 So. 2d 1137 (Fla. Dist. Ct. App. 2000)

Opinion

Case No. 3D99-2202

Opinion filed October 18, 2000. July Term, A.D. 2000

An Appeal from the Circuit Court for Dade County, Amy N. Dean, Judge; Lower Tribunal No. 97-24740.

Lyons Farrar, for appellant.

Conrad Scherer and Vanessa A. Reynolds and Gary S. Genovese, for appellee.

Before SCHWARTZ, C.J., and JORGENSON AND GODERICH, JJ.


Although discovery had not been completed, the trial judge granted summary judgment to the defendant HMO in this action for allegedly covered medical expenses and bad faith refusal to pay them. Upon the appellee's concession, and our agreement that the summary judgment was prematurely entered, see Crespo v. Florida Entertainment Direct Support Organization, Inc., 674 So.2d 154 (Fla. 3d DCA 1996); Del Prado v. Estes, 532 So.2d 1101 (Fla. 3d DCA 1988); Cullen v. Big Daddy's Lounges, Inc., 364 So.2d 839 (Fla. 3d DCA 1978), it is reversed for further proceedings.


Summaries of

Garcia v. Humana Medical Plan, Inc.

District Court of Appeal of Florida, Third District
Oct 18, 2000
769 So. 2d 1137 (Fla. Dist. Ct. App. 2000)
Case details for

Garcia v. Humana Medical Plan, Inc.

Case Details

Full title:GERARDO GARCIA, Appellant, vs. HUMANA MEDICAL PLAN, INC., Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Oct 18, 2000

Citations

769 So. 2d 1137 (Fla. Dist. Ct. App. 2000)