25 Fla. L. Weekly Supp. 148a
Online Reference: FLWSUPP 2502CHAMInsurance — Personal injury protection — Coverage — Medical expenses — Reasonable, related, and necessary treatment — Error to grant summary judgment in favor of provider on relatedness of treatment rendered after certain date where insurer’s affidavit created genuine issue of fact — No error in granting summary judgment in favor of provider on issue of relatedness of treatment provided prior to the specified date
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. ADVANCED CHIROPRACTIC AND MEDICAL CENTER, CORP., a/a/o Marie Cham, Appellee. Circuit Court, 17th Judicial Circuit (Appellate) in and for Broward County. Case No. CACE-14-019443 (AP). L.T. Case No. COCE-12-021413(53). April 11, 2017. Appeal from the County Court for the Seventeenth Judicial Circuit, Broward County, Robert W. Lee, Judge. Counsel: Nancy W. Gregoire, Birnbaum, Lippman & Gregoire, PLLC, Fort Lauderdale, for Appellant. Robert J. Hauser, Pankauski Hauser, PLLC, West Palm Beach, for Appellee.
ON REHEARING
(PER CURIAM.) We grant rehearing and substitute the following opinion in place of our original opinion.
This personal injury protection appeal concerns the granting of summary judgment notwithstanding the presence of an affidavit that creates a genuine issue of material fact on the relatedness of the provider’s treatment. This Court agrees that State Farm’s affidavit raises an issue of fact solely on the relatedness of Advanced Chiropractic’s treatment rendered after February 19, 2012. Since there is an issue of material fact as to Advanced Chiropractic’s treatment rendered after February 19, 2012, summary judgment should not have been granted.
Accordingly, it is hereby:
ORDERED AND ADJUDGED that the final summary judgment is AFFIRMED IN PART as to the treatment rendered before February 19, 2012, REVERSED IN PART as to the treatment rendered after February 19, 2012, and REMANDED to the trial court for further proceedings.
IT IS FURTHER ORDERED AND ADJUDGED that State Farm’s Motion for Appellate Attorney’s Fees is hereby GRANTED, as to the appellate attorney’s fees related to the partial reversal of the county court’s order granting summary judgment on the issue of relatedness regarding the treatment rendered after February 19, 2012, provided that, State Farm is the prevailing party at the conclusion of the underlying case, and, the county court determines that State Farm’s Proposal for Settlement was made in good faith. Advanced Chiropractic’s Motion for Appellate Attorney’s Fees is hereby GRANTED, as to the appellate attorney’s fees incurred in defending the county court’s order granting summary judgment on the issue of relatedness regarding the treatment rendered before February 19, 2012, contingent upon Advanced Chiropractic ultimately prevailing in the case. (BOWMAN, HAURY and POWELL, JJ., concur.)
