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UNITED AUTOMOBILE INSURANCE COMPANY, a Florida corporation, Appellant, vs. HALLANDALE OPEN MRI, L.L.C., a/a/o JUANITA PEREZ, Appellee.

12 Fla. L. Weekly Supp. 335c

Insurance — Personal injury protection — Coverage — Medical expenses — MRI

UNITED AUTOMOBILE INSURANCE COMPANY, a Florida corporation, Appellant, vs. HALLANDALE OPEN MRI, L.L.C., a/a/o JUANITA PEREZ, Appellee. Circuit Court, 17th Judicial Circuit (Appellate) in and for Broward County. Case No. 04-2922 CACE (14). December 17, 2004. Jeffrey E. Streitfeld, Judge. Counsel: Michael J. Neimand, Office of the General Counsel, United Automobile Insurance Company, Fort Lauderdale, for Appellant. Law Office of Jo Ann Hoffman, Moore, Baisden, Nelson & Perez, P.A., Lauderdale by the Sea, for Appellee.

OPINION

THIS CAUSE having come before the Court upon the Appellant, United Automobile Insurance Company’s, appeal of the County Court Final Judgment from a jury verdict in favor of the Appellee.

The Court having reviewed the relevant briefs and record dispenses with oral arguments and affirms the ruling below. There was no reversible error committed by the trial court in the instructions to the jury. Furthermore, the Court does not find the Appellant’s statutory analysis of Florida Statute §627.736(5)(b)(5) persuasive. Finally, the issue at hand is ultimately one of statutory construction based upon undisputed material facts, and the Final Judgment is consistent with the Statute.

Accordingly the Final Judgment in favor of the Appellee by the lower court is AFFIRMED.

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