12 Fla. L. Weekly Supp. 126b
Insurance — Personal injury protection — Summary judgment — Factual issues — Error to enter summary judgment where there are factual issues as to whether medical expenses were reasonable, necessary or related
UNITED AUTOMOBILE INSURANCE COMPANY, Appellant, vs. HOLLYWOOD INJURY REHAB, Appellee. Circuit Court, 17th Judicial Circuit (Appellate) in and for Broward County. Case No. 03-18784 (25). October 14, 2004. Robert A. Rosenberg, Judge.
ORDER
THIS CAUSE is before the court on direct appeal from an order granting summary judgment in favor of appellee from Broward County Court. This court, having reviewed the record finds that the decision of the lower court granting summary judgment should be reversed as there are genuine issues of material fact as to whether the medical expenses were reasonable, necessary, or related to the matter pursuant to Derius v. Allstate Indemnity Company, 723 So.2d 271 (Fla. 4th DCA 1998). Because the judgment should be reversed, the fee award should also be reversed.
Accordingly, it is hereby
ORDERED AND ADJUDGED that the Order Granting Summary Judgment in favor of appellee is REVERSED and REMANDED for further proceedings consistent with this opinion.
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