12 Fla. L. Weekly Supp. 206a

Insurance — Personal injury protection — Summary judgment — Untimely filed affidavit containing conclusory statements did not create genuine issue of material fact

UNITED AUTOMOBILE INSURANCE COMPANY, a Florida Corporation, Appellant, v. ALL CARE HEALTH AND WELLNESS, INC., AND UNIVERSAL HEALTH TECHNOLOGIES, INC., a/a/o LIANNY PORRAS, Appellee. Circuit Court, 11th Judicial Circuit (Appellate) in and for Miami-Dade County. Case Nos. 04-066AP and 04-262AP. (Consolidated) L.T. Case No. 03-3072 SP 25 (2). December 7, 2004. An Appeal from the County Court for Miami-Dade County, Teretha Lundy Thomas, Judge. Counsel: Mark A. Gatica, for Appellant. Marlene S. Reiss, for Appellee.

(Before SIMONS, FIERRO and BAGLEY, JJ.)

(PER CURIAM.) The trial court did not err by granting summary judgment in favor of appellee, after not considering appellant’s untimely filed affidavit which contained conclusory statements that did not create any genuine issue of material fact.

Accordingly, the trial court’s order entering summary judgment is affirmed and this cause is remanded for a determination as to reasonable attorney fees.

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