16 Fla. L. Weekly Supp. 618b
Online Reference: FLWSUPP 167OVALL
Insurance — Personal injury protection — Standing — Assignment — Remand for trial on merits pursuant to district court of appeal’s reversal of summary judgment which was erroneously entered despite ambiguity of assignment which caused issues of material fact to remain in dispute
GABLES RECOVERY INSURANCE, INC., a/a/o MARIA CARMEN OVALLE, Appellant, v. SEMINOLE CASUALTY INSURANCE COMPANY, Appellee. Circuit Court, 11th Judicial Circuit (Appellate) in and for Miami-Dade County. Case No. 07-280AP. L.C. Case No. 06-10174 SP 25. May 12, 2009. An Appeal from the County Court of Miami-Dade County, Andrew Hague, Judge. Counsel: G. Bart Billbrough, Billbrough & Marks, for Appellant. Richard A. Sherman and Felipe E. Diez, for Appellee.
(Before BERTILA SOTO, JACQUELINE HOGAN-SCOLA AND REEMBERTO DIAZ, JJ.)
Pursuant to the mandate of the Third District Court of Appeal dated April 1, 2009 (Case No. 3D08-2528) [34 Fla. L. Weekly D672b], we hereby reverse the Order of the county court dated April 18, 2007, granting summary judgment for the Defendant and remand the case for trial on the merits as soon as practicable.
