36 Fla. L. Weekly D2442b
126 So. 3d 291
Insurance — Personal injury protection — Fee schedule — Appeals — Appellate court declines to answer certified question, “[m]ay the permissive fee schedule provisions of [section 627.736(5)(a)(2), Florida Statutes (2008)] be applied to claims brought for treatment rendered after January 1, 2008, pursuant to the personal injury protection policies of insurance purchased prior to January 1, 2008?” — Appeal, together with filing fee, transferred to appellate division of circuit court
UNITED AUTOMOBILE INSURANCE COMPANY, Appellant, vs. MAYNOR DAVID BARAHONA Appellee. 3rd District. Case No. 3D10-1621. L.T. Case No. 08-14943. Opinion filed November 9, 2011. An Appeal from the County Court for Miami-Dade County, Lawrence D. King, Judge. Counsel: Thomas L. Hunker, General Counsel, for appellant. Marlene S. Reiss, for appellee.
(Before SHEPHERD and EMAS, JJ. and SCHWARTZ, Senior Judge.)
(SHEPHERD, J.) This case comes to us for review of an order by the county court granting final summary judgment in favor of Maynor David Barahona. In its order, the trial court, pursuant to Florida Rule of Appellate Procedure 9.030(b)(4), certified to this Court the following question as one of great public importance:
May the permissive fee schedule provisions of Fla. Stat. §[]627.736(5)(a)(2)[](2008) be applied to claims brought for treatment rendered after January 1, 2008[,] pursuant to personal injury protection policies of insurance purchased prior to January 1, 2008?
This Court initially accepted jurisdiction of this cause pursuant to Florida Rule of Appellate Procedure 9.160.
Having reviewed the briefs, and following oral argument, this Court declines to answer the question certified by the lower court to be one of great public importance,1 and therefore transfers this appeal, together with the filing fee, to the Eleventh Judicial Circuit of Florida, appellate division, pursuant to Florida Rule of Appellate Procedure 9.160(f)(2).
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1See Barnett v. Fla. Dep’t of Mgmt. Servs., 953 So. 2d 461 (Fla. 2007) (declining review where the circumstances of the case were fact-specific).
