11 Fla. L. Weekly Supp. 405a
Insurance — Personal injury protection — Passenger injured in rental vehicle
PROGRESSIVE EXPRESS INSURANCE COMPANY, Appellant, v. HOWARD HARRISON, JOSELITO CLAIRSAINT & ENTERPRISE LEASING COMPANY, Appellee. Circuit Court, 11th Judicial Circuit (Appellate) in and for Miami-Dade County. Case No. 03-334 AP. L.C. Case No. 2001013822CC23. March 23, 2004. An Appeal from County Court, Miami-Dade County, Raphael Steinhardt, Judge. Counsel: Douglas H. Stein, for Appellant. Charles M.P. George, for Appellee.
(BEFORE DARYL E. TRAWICK, KEVIN M. EMAS, HENRY LEYTE-VIDAL, JJ.)
(PER CURIAM.) Appellant, Progressive Express Insurance Company, appeals an order entering final summary judgment in favor of Appellee, Enterprise Leasing Company. The issue in this appeal has already been visited by a sister panel of this court, in a case with the same relevant facts as the instant case. See Progressive Consumer Ins. Co. v. Delva, No. 03-289 (Fla. 11th Cir. Ct. Feb. 17, 2004) [11 Fla. L. Weekly Supp. 302a]. We agree with the reasoning and the decision in that opinion. Therefore, in accordance with Delva, we find that the trial court erred in entering summary judgment in favor of Enterprise. Accordingly, the trial court’s order entering summary judgment is reversed, and this cause is remanded for proceedings consistent with this opinion. REVERSED AND REMANDED.
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