16 Fla. L. Weekly Supp. 732a
NOT FINAL VERSION OF OPINION
Subsequent Changes at 16 Fla. L. Weekly Supp. 732b
Online Reference: FLWSUPP 168LOUIS
Insurance — Personal injury protection — Discovery — Appeals — Where appellate court granted insurer’s petition for writ of certiorari challenging discovery order without affording medical provider opportunity to present argument in opposition to petition, motion for rehearing is granted and order granting petition is vacated — All lower court proceedings are stayed pending disposition of petition
UNITED AUTOMOBILE INSURANCE COMPANY, Petitioner, vs. ADVANCED CHIROPRACTIC & MEDICAL CENTER CORPORATION, a/a/o Kenson Louis-Juene, Respondent. Circuit Court, 17th Judicial Circuit (Appellate) in and for Broward County. Case No. 08-034048 (02). L.T. Case No. 07-20786. April 9, 2009. Counsel: Lara J. Edelstein, United Automobile Insurance Company, Office of the General Counsel, Coral Gables. Kathy Eikosidekas and Amir Fleischer, Marks & Fleischer, Fort Lauderdale. Roberts J. Bradford, Jr., Law Office of R.J. Bradford, Jr., P.C., Johnson City, TN.ORDER[On Motion for Rehearing;Original Opinion at 16 Fla. L. Weekly Supp. 35a;Lower Court order at 15 Fla. L. Weekly Supp. 946b]
[Editor’s note: Subsequent opinion published below at 16 Fla. L. Weekly Supp. 732b]
(JOHN B. BOWMAN, J.) THIS CAUSE is before the Court on two motions: Motion for Rehearing of Order granting Petition for Writ of Certiorari filed by the Respondent, Advanced Chiropractic & Medical Center Corporation (“Advanced Chiropractic”), and an Emergency Renewed Motion for Review of Denial of Stay filed by Petitioner, United Automobile Insurance Company (“United”). The Court having considered both motions, applicable law, and otherwise being fully advised in the premises finds:
This Court issued an Order granting Petitioner’s Writ of Certiorari on September 12, 2008. Thereafter, Respondent filed a Motion for Rehearing arguing that it was never provided an opportunity to present arguments in opposition to the Petition for Writ of Certiorari. A fundamental requirement of due process is “notice reasonably calculated, under all circumstances, to apprise interested parties of the pendency of the action and afford them an opportunity to present their objections. Williams v. Primerano, 973 So.2d 645, 647 (Fla. 4th DCA 2008). Since Respondent did not have an opportunity to be heard by this Court, the Order granting Petitioner’s Writ of Certiorari dated September 12, 2008, is hereby vacated.
Respondent, Advanced Chiropractic, shall show cause within 20 days of the date of this Order as to why United’s Petition for Writ of Certiorari should not be granted. See Fla. R. App. P. 9.100(h).
The second motion pending before this Court is an Emergency Renewed Motion for Review of Denial of Stay filed by United. United is seeking a stay of all lower court proceedings while their Petition for Writ of Certiorari is pending before this Court. In light of the fact that this Court has granted Respondent’s Motion for Rehearing, the Emergency Renewed Motion for Review of Denial of Stay is granted.
ORDERED AND ADJUDGED that Respondent’s Motion for Rehearing is granted. Further, this Court’s Order granting United’s Petition for Writ of Certiorari is vacated and Respondent, Advanced Chiropractic, must show cause within twenty (20) days as to why the Petition for Writ of Certiorari shall not be granted. No final judgments shall be entered by the lower court pending the outcome of the Petition for Writ of Certiorari filed by United.
