25 Fla. L. Weekly Supp. 229a
Online Reference: FLWSUPP 2503MERIInsurance — Personal injury protection — Coverage — Medical expenses — Trial court erred in granting summary judgment on reasonableness of provider’s pricing where affidavit filed by insurer raised issues of material fact
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. MILLENNIUM RADIOLOGY, LLC. (a/a/o Alberto Merino), Appellee. Circuit Court, 17th Judicial Circuit (Appellate) in and for Broward County. Case No. CACE14018426 (AP). L.T. Case No. COCE12014499 (53). March 6, 2017.
OPINION
Having carefully considered the briefs, the Record, and the applicable law, this Court dispenses with oral argument and the final judgment in favor of the Plaintiff is hereby REVERSED AND REMANDED as set forth below.
The sole issue on appeal is whether the trial court erred in granting summary judgment in regard to the reasonableness of the Plaintiff’s pricing.1 Unless material facts are so crystallized that nothing remains except a question of law, summary judgment should not be granted. Moore v. Morris, 475 So. 2d 666, 668 (Fla. 1985). If the evidence raises any issue of material fact, if it is conflicting, if it will permit different reasonable inferences, or if it tends to prove the issues, it should be submitted to the jury as a question of fact to be determined by it. Id.
In opposition to the Plaintiff’s motion for summary judgment State Farm filed a memorandum and the affidavit of Dr. Michael Zeide. We believe the Zeide Affidavit raises issues of material fact that preclude of summary judgment.
Accordingly, it is hereby ORDERED AND ADJUDGED that:
1. The August 5, 2015. Order granting the Plaintiff’s motion for summary judgment on the issue of reasonableness and the subsequent August 22, 2014 Final .Judgment in favor of the Plaintiff are both REVERSED and this cause is REMANDED for further proceedings consistent herewith.
2. State Farm’s motion for appellate attorney’s fees pursuant to Fla. R. App. P. 9.400(a) and Florida Statutes, § 768.79 is CONDITIONALLY GRANTED and REMANDED to the trial court for consideration upon the trial court’s determination that its proposal of settlement was valid, enforceable and made in good faith.
3. The Plaintiff’s motion for appellate attorney’s fees is DENIED. (BOWMAN, HAURY and POWELL, JJ. concur.)
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1In the instant case, the parties stipulated to the application of the Florida Rules of Civil Procedure governing summary judgment (rather than the small claims rule governing summary disposition).
