12 Fla. L. Weekly Supp. 725d
Insurance — Personal injury protection — Coverage — Medical expenses — MRI — Trial court properly ruled on claim, applying precedent holding that allowable amount under Medicare Part B refers to Medicare’s participating fee schedule
NATIONAL IMAGING CENTER, INC. a/a/o MAXONN COULANGES, Appellant, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Appellee. Circuit Court, 17th Judicial Circuit (Appellate) in and for Broward County. Case No. 04-10751(18). April 18, 2005. Counsel: Robert Cooney, Hollywood, for Appellant. Douglas H. Stein, Anania, Banklayder, Blackwell, Baumgarten, Torricella & Stein, Miami, for Appellee.
OPINION
(JOHN T. LUZZO, J.) THIS CAUSE is before the Court on Appeal from an Order (County Court Case No.: 02-4290 COCE 52) which granted Appellee’s Motion for Final Summary Judgment and denied Appellant’s Motion for Final Summary Judgment. [11 Fla. L. Weekly Supp. 748a] This Court, having reviewed the entire record, affirms the County Court, finding that the claim was properly ruled upon by the County Court under Florida Statute 627.736(5)(b)5.
Millennium Diagnostic Imaging Center, Inc. v. Security National Insurance Company determined that the “allowable amount” under Medicare Part B refers to Medicare’s participating fee schedule. 882 So.2d 1027 (Fla. 3d DCA 2004). This court follows the ruling in Millennium. Decisions of other District Courts of Appeal are binding in absence of district conflicts and when there is no binding precedent from the Supreme Court. Pardo v. State, 596 So.2d 665 (Fla. 1992).
The Appellee’s Motion for Attorney’s Fees Pursuant to Proposal for Settlement is also before the Court. This Court grants Appellee’s Motion pursuant to Florida Rule of Appellate Procedure 9.400 as well as Florida Statute §768.79(3) and remands this matter to the County Court for its determination of the amount of fees and costs.
Accordingly, it is hereby ORDERED AND ADJUDGED:
The Final Summary Judgment in favor of the Appellee by the County Court is AFFIRMED.
Appellee’s Motion for Attorney’s Fees Pursuant to Proposal for Settlement is GRANTED and this matter is REMANDED to the County Court for its determination of the amount of fees and costs.
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