27 Fla. L. Weekly Supp. 946b
Online Reference: FLWSUPP 2711DUMEInsurance — Personal injury protection — Coverage — Medical expenses — Deductible — Proper sequence
ADVANCED CHIROPRACTIC AND MEDICAL CENTER, CORP., (a/a/o Nethanel Dumesle), Appellant, v. PROGRESSIVE AMERICAN INSURANCE COMPANY, Appellee. Circuit Court, 17th Judicial Circuit (Appellate) in and for Broward County. Case No. CACE16-017115 (AP). L.T. Case No. COCE13-012197. November 21, 2019. Appeal from the County Court of the Seventeenth Judicial Circuit, Broward County, Giuseppina Miranda, Judge. Counsel: Robert J. Hauser, Pankauski Hauser PLLC, West Palm Beach, for Appellant. Michael C. Clarke, Kubicki Draper, P.A., Tampa, for Appellee.
[Lower court order at 24 Fla. L. Weekly Supp. 766a]CORRECTED OPINION UPON CONFESSION OF ERROR
(LEDEE, J.) This Court hereby GRANTS Appellant’s Motion for Rehearing to Correct Scrivener’s Error in November 4, 2019 Opinion, filed November 7, 2019. This Court’s Opinion, dated November 4, 2019, is hereby withdrawn and substituted with the following:
Appellant appeals from a final judgment entered in favor of Appellee. Appellant argues the county court improperly applied the deductible to the maximum compensable amount pursuant to the fee schedules under section 627.736(5)(a)1.f, Florida Statutes, rather than Appellant’s billed amount. Appellee has filed a Confession of Error in light of the Florida Supreme Court’s decision in Progressive Select Insurance Company v. Florida Hospital Medical Center, 260 So. 3d 219 (Fla. 2018) [44 Fla. L. Weekly S59a]. Appellee’s Confession of Error is hereby ACCEPTED. Accordingly, the final judgment entered in favor of Appellee is hereby REVERSED, and the case is REMANDED for further proceedings consistent with this Opinion. Appellant’s Motion for Appellate Attorney’s Fees is GRANTED, as to appellate attorney’s fees, with the amount to be determined by the county court upon remand. Further, Appellee’s Motion for Appellate Attorney’s Fees is hereby DENIED. (HENNING and SINGHAL, JJ., concur.)
