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Rio Miami Corp. v. Balbuena

District Court of Appeal of Florida, Third District
May 3, 2000
756 So. 2d 258 (Fla. Dist. Ct. App. 2000)

Summary

reversing a motion to reinstate maintenance and cure because of contradicting medical evidence

Summary of this case from God's Blessing Ltd. v. Salas

Opinion

No. 3D98-3296.

Opinion filed May 3, 2000.

An Appeal from the Circuit Court for Miami-Dade County, David L. Tobin, Judge, L.T. No. 96-15378.

Fowler, White, Burnett, Hurley, Banick Strickroot, and Allan R. Kelley, and J. Michael Pennekamp, for appellant.

Cooper Wolfe, and Marc Cooper; and Huggett Scornavacca, for appellee.

Before GERSTEN, FLETCHER, and RAMIREZ, JJ.


The trial court erred in granting the plaintiff/appellee's motion to reinstate maintenance and cure because contradicting medical evidence existed which indicated the plaintiff/appellee had not reached maximum medical improvement. See Langmead v. Admiral Cruises, Inc., 610 So.2d 565 (Fla. 3d DCA 1992); Quarrel v. Minervini, 510 So.2d 977 (Fla. 3d DCA 1987), review denied, 519 So.2d 987 (Fla. 1988).

Accordingly, the order below is reversed and the case is remanded with instructions to send the issue to the jury. See Hendricks v. Dailey, 208 So.2d 101 (Fla. 1968); Quarrel v. Minervini, 510 So.2d at 977.

Reversed and remanded.


Summaries of

Rio Miami Corp. v. Balbuena

District Court of Appeal of Florida, Third District
May 3, 2000
756 So. 2d 258 (Fla. Dist. Ct. App. 2000)

reversing a motion to reinstate maintenance and cure because of contradicting medical evidence

Summary of this case from God's Blessing Ltd. v. Salas
Case details for

Rio Miami Corp. v. Balbuena

Case Details

Full title:RIO MIAMI CORP., Appellant v. JULIO BALBUENA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: May 3, 2000

Citations

756 So. 2d 258 (Fla. Dist. Ct. App. 2000)

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