Garcia v. Humana Medical Plan, Inc.

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

Court: District Court of Appeal of Florida, Third District

Date published: Feb 18, 2004

865 So. 2d 661 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 3D03-421.

Opinion filed February 18, 2004.

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

Lyons Farrar and L. Daniel Ferrer, for appellant.

Conrad Scherer and Vanessa A. Reynolds and Susanne E. Reidhammer (Ft. Lauderdale), for appellee.

Before COPE, GODERICH, and FLETCHER, JJ.,

PER CURIAM.

We reverse the trial court's entry of final summary judgment and remand the cause for reconsideration by the trial court in light of Villazon v. Prudential Health Care Plan, Inc., 843 So.2d 842 (Fla. 2003), which was not available to the trial court at the time of entry of the final summary judgment.

Reversed and remanded.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.