11 Fla. L. Weekly Supp. 966b
Insurance — Personal injury protection — PIP claimant is not required to prove that medical providers are licensed
LARRY ROBBINS, Appellant, v. UNITED AUTOMOBILE INS. CO., Appellee. Circuit Court, 11th Judicial Circuit (Appellate) in and for Miami-Dade County. Case No. 02-498 AP. L.C. Case No. 99-6064 CC 25. August 17, 2004. An Appeal from County Court for Miami-Dade County, Mercedes A. Bach, Judge. Counsel: Amado Alan Alvarez, Law Offices of Alvarez & Alvarez-Zane, for Appellant. Michael J. Neimand of United Automobile Insurance Company, Office of General Counsel for United Automobile Insurance Company, for Appellee.
(Before SHAPIRO, CARDONNE ELY, and DRESNICK, JJ.)
CONFESSION OF ERROR
(PER CURIAM.) Appellant Larry Robbins appeals from a final judgment entered in a PIP case following the granting of a directed verdict in favor of Appellee United Automobile Ins. Co. The lower court entered the directed verdict solely on the basis that Appellant failed to prove at trial that the medical providers were properly licensed, relying on Ortega v. United Auto. Ins. Co., No. 01-234 AP (Fla. 11th Cir. Ct. August 13, 2002) [9 Fla. L. Weekly Supp. 660b]. The Third District Court of Appeal quashed the decision of this Court in that case and ruled that a PIP claimant is not required to prove that its medical providers are licensed. See Ortega v. United Automobile Ins. Co., 847 So. 2d 994 (Fla. 3d DCA 2003). Appellee has filed a confession of error which concedes that this Court must follow the decision in Ortega, 847 So. 2d 994. We accept the Appellee’s proper confession of error, reverse the final judgment, and remand the case for a new trial.
REVERSED and REMANDED.
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