5 Fla. L. Weekly Supp. 208b
Insurance — Personal injury protection — Order on rehearing affirming summary judgment in favor of insurer but dismissing lawsuit “without prejudice so as to permit insured to comply with his obligations” unclear — Summary judgment reversed with instructions that complaint be reinstated and insured be ordered to submit to sworn statement pursuant to PIP contract — Case to be abated for 30 days so that parties may comply with mandate
HUMBERTO MOREJON, as the guardian and natural father of Javier Morejon, a minor, Appellant, v. FORTUNE INSURANCE COMPANY, Appellee. 11th Judicial Circuit in and for Dade County, Appellate Division. Case No. 96-316 AP. Opinion filed January 2, 1998. An Appeal from the County Court in and for Dade County. Counsel: Michael J. Feldman, for appellant. Joseph H. Lowe and Edward Winitz, for appellee.
(Before ALLEN KORNBLUM, ARTHUR L. TAYLOR and SANDY KAPLAN, JJ.)
(ARTHUR L. TAYLOR, J.) On April 23, 1996, the trial court entered final judgment for Fortune Insurance Company. On July 24, 1996, following a motion for re-hearing, the trial court affirmed the summary judgment but went on to dismiss the lawsuit “without prejudice so as to permit the [Appellant] to comply with his obligations.” This timely appeal followed.
The appellate court must view every possible inference in favor of the party against whom summary judgment was granted. Dubois v. Amestoy, 652 So. 2d 919 (Fla. 4th DCA 1995). A summary judgment must be reversed if the existence of genuine issues of material fact is reflected in the record or the record raises the slightest doubt in such respect. Perry & Company v. Union American Insurance Company, 664 So. 2d 1036, 1037 (Fla. 3d DCA 1995). Because the trial court’s July 24, 1996 order is unclear, the court hereby reverses the final summary judgment with instructions to the trial court to reinstate the complaint and order the appellant to submit to a sworn statement pursuant to the personal injury protection contract. Likewise, the case should be abated for 30 days so that the parties may comply with the court’s mandate.
Accordingly, the final summary judgment is reversed and remanded with instructions. (ALLEN KORNBLUM and SANDY KAPLAN, JJ. concur.)
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