25 Fla. L. Weekly Supp. 874b
Online Reference: FLWSUPP 2510MAGOInsurance — Personal injury protection — Coverage — Medical expenses — Statutory fee schedules
ALLSTATE PROPERTY AND CASUALTY INSURANCE COMPANY, Appellant, v. STAND-UP MRI OF FORT LAUDERDALE, a/a/o Louisiana Magor, Appellee. Circuit Court, 17th Judicial Circuit (Appellate) in and for Broward County. Case No. CACE17-000814 (AP). L.T. Case No. COCE15-021825. October 23, 2017. Appeal from the County Court for the Seventeenth Judicial Circuit, Broward County, Peter B. Skolnik, Judge. Suzanne Y. Labrit, Esq., Shutts & Bowen. LLP, Miami, for Appellant. Mac Phillips, Phillips Tadros, P.A., Fort Lauderdale, for Appellee.
CORRECTED OPINION UPON APPELLANT’SUNOPPOSED MOTION TO RECALL MANDATE[Original Opinion at 25 Fla. L. Weekly Supp. 592e]
(PER CURIAM.) This Court grants Appellant’s Unopposed Motion to Recall Mandate, filed October 3, 2017. The Clerk of Court is hereby ordered to RECALL the Mandate, filed on August 28, 2017. The Clerk of Court shall re-issue the Mandate, in accordance with the procedure outlined in Florida Rule of Appellate Procedure 9.340(b). This Court’s Opinion Upon Confession of Error, dated August 11, 2017, is hereby withdrawn and substituted with the following:
Appellant appeals from a final judgment entered in favor of Appellee. Appellant argues its policy language provides sufficient notice that it may limit medical provider reimbursements to the fee schedules set forth in section 627.736(5)(a)2., Florida Statutes. Appellee has filed a Confession of Error based upon Allstate Insurance Company v. Orthopedic Specialists, 212 So. 3d 973 (Fla. 2017) [42 Fla. L. Weekly S38a]. Appellee’s Confession of Error is accepted. Accordingly, the final judgment entered in favor of Appellee is hereby REVERSED, and the case is REMANDED for proceedings consistent with this Opinion. Appellant’s Motion for Appellate Attorney’s Fees is conditionally GRANTED upon the trial court’s determination that Appellant’s proposal for settlement complies with the requirements of the law, and the trial court shall determine the amount of appellate fees upon remand. (BIDWILL, RODRIGUEZ, and SINGHAL, JJ., concur.)
