26 Fla. L. Weekly Supp. 950a
Online Reference: FLWSUPP 2612ALCIInsurance — Personal injury protection — Coverage — Medical expenses — Limitation — Statutory fee schedules — Sufficiency of notice
ALLSTATE FIRE & CASUALTY INSURANCE COMPANY, Appellant, v. METRIC DIAGNOSTIC TESTING, INC. (a/a/o Ketline Alince), Appellee. Circuit Court, 17th Judicial Circuit (Appellate) in and for Broward County. Case No. CACE16-013894 (AP) (Consolidated Case CACE16-013895 (AP). L.T. Case Nos. COSO12-015315. January 22, 2019. Appeal from the County Court for the Seventeenth Judicial Circuit, Broward County, Claudia Robinson, Judge. Counsel: Suzanne Y. Labrit, Shutts & Bowen, LLP, Tampa, for Appellant. Brian Rodier, Rodier & Rodier, P.A., Hallandale Beach, for Appellee.
OPINION UPON CONFESSION OF ERROR
(PER CURIAM.) This cause is before the Court upon Appellee’s Notice of Compliance with Court Order of June 21, 2017 & Confession of Error — in Part Only, filed July 18, 2017. On October 4, 2016, Appellant filed a Motion to Consolidate Appeals and/or Stay Appeal contending that the underlying trial court cases on appeal are substantively and functionally identical. The record shows that Appellee neither filed an objection to Appellant’s Motion to Consolidate Appeals and/or Stay Appeal nor filed a notice of cross-appeal. On November 8, 2016, this Court granted Appellant’s unopposed Motion to Consolidate Appeals and/or Stay Appeal pending the Florida Supreme Court’s resolution of Allstate Insurance Company v. Orthopedic Specialists. On January 26, 2017, the Florida Supreme Court determined that Allstate’s policy language provided sufficient notice to its insured that it may limit the medical provider’s reimbursements based on the Medicare fee schedules set forth in section 627.736(5)(a)2., Florida Statutes. See Allstate Ins. Co. v. Orthopedic Specialists, 212 So. 3d 973 (Fla. 2017) [42 Fla. L. Weekly S38a]. Thereafter, on April 24, 2017, Appellant filed its Notice of Dispositive Authority and Request for Remand noting that Orthopedic Specialists is dispositive of this appeal. Appellee neither filed an objection to this Notice nor presented any argument in opposition.
Based on the foregoing, Appellee’s Partial Confession of Error is hereby ACCEPTED. The final judgment entered in favor of Appellee is hereby REVERSED, and the case is REMANDED for further proceedings. Appellant’s Motion for Appellate Attorney’s Fees is conditionally GRANTED, as to appellate attorney’s fees, 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. Further, Appellee’s Motion for Attorney Fees is hereby DENIED. (BOWMAN, PHILLIPS, and FRINK, JJ., concur.)
