From Casetext: Smarter Legal Research

The Pers. Injury Clinic, Inc. v. Allstate Indem. Co.

Florida Court of Appeals, Third District
Dec 14, 2022
373 So. 3d 1170 (Fla. Dist. Ct. App. 2022)

Opinion

No. 3D21-0344

12-14-2022

The PERSONAL INJURY CLINIC, INC., a/a/o Loanys Manzano, Appellant, v. ALLSTATE INDEMNITY COMPANY, Appellee.

Law Office of Chad A. Barr, P.A., and Chad A. Barr and Dalton L. Gray (Altamonte Springs), for appellant. Shutts & Bowen LLP, and Daniel E. Nordby (Tallahassee), Jason Gonzalez (Tallahassee), and Garrett A. Tozier (Tampa), for appellee.


An Appeal from the County Court for Miami-Dade County, Milena Abreu, Judge. Lower Tribunal No. 14-2505 SP

Law Office of Chad A. Barr, P.A., and Chad A. Barr and Dalton L. Gray (Altamonte Springs), for appellant.

Shutts & Bowen LLP, and Daniel E. Nordby (Tallahassee), Jason Gonzalez (Tallahassee), and Garrett A. Tozier (Tampa), for appellee.

Before LOGUE, LINDSEY, and BOKOR, JJ.

PER CURIAM.

Appellant (Plaintiff below) the Personal Injury Clinic, Inc. appeals from a final judgment entered in favor of Appellee (Defendant below) Allstate Indemnity Company. We affirm the trial court’s conclusion that Allstate’s policy provides legally sufficient notice of its election to use the fee schedules identified in section 627.736(5)(a)(2), Florida Statutes (2022). See Allstate Ins. Co. v. Orthopedic Specialists, 212 So. 3d 973 (Fla. 2017). However, consistent with our decision in First Medical & Rehab of Bradenton, LLC v. Allstate Fire & Casualty Insurance Co., 343 So. 3d 691 (Fla. 3d DCA 2022), we reverse and remand for further proceedings because Allstate did not identify evidence in its motion for summary judgment showing it paid pursuant to the fee schedules. See Fla. R. Civ. P. 1.510(c) (2020) ("The motion must … specifically identify any affidavits, answer to interrogatories, admissions, depositions, and other materials as would be admissible in evidence (‘summary judgment evidence’) on which the movant relies.").

This case was decided under Florida’s former summary judgment standard.

Affirmed, in part, reversed, in part, and remanded.


Summaries of

The Pers. Injury Clinic, Inc. v. Allstate Indem. Co.

Florida Court of Appeals, Third District
Dec 14, 2022
373 So. 3d 1170 (Fla. Dist. Ct. App. 2022)
Case details for

The Pers. Injury Clinic, Inc. v. Allstate Indem. Co.

Case Details

Full title:The Personal Injury Clinic, Inc., a/a/o Loanys Manzano, Appellant, v…

Court:Florida Court of Appeals, Third District

Date published: Dec 14, 2022

Citations

373 So. 3d 1170 (Fla. Dist. Ct. App. 2022)