13 Fla. L. Weekly Supp. 329c

Insurance — Personal injury protection — Coverage — Medical expenses — MRI — No error in granting summary judgment in favor of medical provider where ample evidence was presented to find bill for each MRI was reasonable, and order granting summary judgment was consistent with statute

UNITED AUTOMOBILE INSURANCE COMPANY, a Florida Corporation, Appellant, vs. A-1 MOBILE MRI, INC. a/a/o MAURICE SAINVIL, Appellee. Circuit Court, 17th Judicial Circuit (Appellate) in and for Broward County. Case No. 04-13301 (25). February 11, 2005.

OPINION

(ROBERT A. ROSENBERG, J.) THIS CAUSE is before the court upon appellant, United Auto Ins. Co.’s, appeal of the County Court’s Order for Summary Judgment, and the court having considered same, having read the briefs and otherwise being duly advised in premises, finds and decides as follows:

The appellant raises one issue in this appeal. The appellant argues that the trial court erred in granting the appellee’s motion for summary judgment. The applicable standard of review on orders granting summary judgment is de novo. Major League Baseball v. Morsani, 790 So.2d 1071, 1074 (Fla. 2001); Volusia County v. Aberdeen at Ormond Beach, L.P., 760 So.2d 126 (Fla. 2000). Summary judgment is appropriate only where there are no genuine issues of material fact and the movant is entitled to judgment as a matter of law. Reeves v. N. Broward Hosp. Dist., [821] So.2d 319 (Fla. 4th DCA). Additionally, all inferences must be made in favor of the nonmoving party. Id.

In the case at bar, ample evidence was presented to find that the MRI bill for each MRI was reasonable. Finally, the true issue at hand is ultimately one of statutory construction based upon undisputed material facts. Statutory construction requires the statute under consideration to be construed in its entirety and as a whole, and for this view of in pari materia, the court determines the legislative intent. Wilensky v. Fields, 267 So.2d 1 (Fla. 1972). Based on the record reviewed, it is this court’s opinion that the order granting summary judgment is consistent with the Statute.

Accordingly, the Order Granting Summary Judgment in favor of the appellee by the lower court is AFFIRMED.