16 Fla. L. Weekly Supp. 392a
Online Reference: FLWSUPP 165AMADO
Insurance — Personal injury protection — Withdrawal of benefits — Reasonable proof — Trial court did not err in finding that peer review affidavit based solely on records of treating physician and not supported by independent medical examination is not legally sufficient to support withdrawal of benefits
Cert. denied at 34 Fla. L. Weekly Supp. 829a
(United Auto Ins. Co. v. Amador, Case No. 3D09-792)
UNITED AUTOMOBILE INSURANCE COMPANY, Appellant, v. ADRIANA AMADOR, Appellee. Circuit Court, 11th Judicial Circuit (Appellate) in and for Miami-Dade County. Case Nos. 06-232 AP & 06-474 AP. L.T. Case No. 05-6199 SP 25. March 11, 2009. Opinion after remand from an appeal from entry of final summary judgment by the Honorable Lawrence King, Dade County Court Judge. Counsel: June Galkoski Hoffman, Fowler, White, and Burnett, P.A., for Appellant. Virginia M. Best, Lopez & Best; and Carlos Lopez-Albear, Carlos Lopez-Albear, P.A., for Appellee.
(Before WILLIAM THOMAS, JOHN SCHLESINGER, and MARK KING LEBAN, JJ.)
[Original Opinion at 15 Fla. L. Weekly Supp. 320a]
(PER CURIAM.) This Court, after considering the original appeal from the entry of a final summary judgment in this matter, retained jurisdiction and remanded the case to the trial court to make a determination as to the legal sufficiency of Dr. Goldberg’s peer review affidavit. The matter is now before us for consideration of the appropriateness of the entry of summary judgment in favor of Adriana Amador in light of the trial court’s order regarding the matter remanded [16 Fla. L. Weekly Supp. 446a]. After review of the trial court’s order and the briefs submitted by the parties, we affirm finding that summary judgment was appropriate. See United Automobile Ins. Co. v. Metro Injury & Rehab Center, a/a/o Magda Davis, 16 Fla. L. Weekly Supp. 22a (11th Cir. Ct. 2008).
AFFIRMED.
