28 Fla. L. Weekly Supp. 185a
Online Reference: FLWSUPP 2803IRIZInsurance — Personal injury protection — Where district court of appeal held that circuit court in its appellate capacity departed from essential requirements of law by holding that PIP statute mandates that insurer must reimburse full amount billed when amount billed is less than maximum allowed under statutory fee schedule, circuit court remands matter to trial court with instructions to enter judgment consistent with DCA decision
GEICO INDEMNITY COMPANY, Appellant, v. ACCIDENT & INJURY CLINIC, INC. a/a/o Frank Irizarry, Appellee. Circuit Court, 7th Judicial Circuit (Appellate) in and for Volusia County. Case No. 2018-10031-APCC. May 4, 2020. Counsel: Michael A. Rosenberg, Thomas L. Hunker, and Peter D. Weinstein, Cole, Scott & Kissane, P.A., for Appellant. Doug Stein, for Appellee.
ORDER ON MOTIONS TO ENTEROPINION ON REMAND[Prior report at 27 Fla. L. Weekly Supp. 239a]
(ROWE, III, J.) This matter came before this Court in its appellate capacity for review of “Appellant’s Motion for Entry of Opinion Consistent With Decision From Fifth District Court of Appeal and to Vacate Conditional Award of Appellate Attorney’s Fees” and of “Appellee’s Motion to Enter an Opinion in Accordance With the Instructions of the Fifth District Court of Appeal.” The Court, having considered the motions along with each party’s response brief filed, hereby finds as follows:
On March 14, 2019, this Court entered an Opinion affirming the trial court’s “Order Granting Plaintiff’s Motion for Summary Disposition and Final Judgment in Favor of Plaintiff” entered on June 7, 2018. On December 20, 2019, the Fifth District Court of Appeal reached a different conclusion and entered its Opinion granting GEICO’s certiorari petition, quashing this Court’s decision affirming the trial court, and remanding “for proceedings consistent with this opinion.” [44 Fla. L. Weekly D3045b]
Therefore, pursuant to the appellate court’s Mandate, it is hereby
ORDERED AND ADJUDGED:
That the trial court’s June 7, 2018, Final Judgment is REVERSED, and this matter is REMANDED with instructions that the trial court vacate its “Order Granting Plaintiff’s Motion for Summary Disposition and Final Judgment in Favor of Plaintiff” and enter a judgment consistent with the decision of the Fifth District Court of Appeal.
IT IS FURTHER ORDERED AND ADJUDGED:
That this Court’s “Revised Order on Appellee’s Motion for Attorney’s Fees” entered December 5, 2019, is vacated, and the Appellee’s three pending attorney’s fees motions are denied.
