5 Fla. L. Weekly Supp. 425b

Insurance — Personal injury protection — No error in granting summary judgment entitling insured to PIP benefits from insurer

PROGRESSIVE CASUALTY INSURANCE COMPANY, Appellant, v. ERIC ALVAREZ, Appellee. 11th Judicial Circuit in and for Dade County, Appellate Division. Case No. 97-112 AP. Opinion filed February 13, 1998. Counsel: Valerie A. Dondero, for appellant. James A. Hannon, for appellee.

(Before MARTIN D. KAHN, AMY N. DEAN, and MAYNARD A. GROSS)

(AMY N. DEAN, J.) This is an appeal of a non-final order which granted Appellee ALVAREZ’ Motion for Summary Judgement entitling Appellee to personal injury protection benefits from the Appellant, PROGRESSIVE. Based upon the pleadings, motions, affidavits and arguments below, the Motion for Final Summary Judgement was appropriately granted.

In so far as other points were made at oral argument, none of these were raised below either in the pleadings, motions, affidavits, argument, or in the briefs before this court.

Accordingly, the order granting appellee’s motion for summary judgement is AFFIRMED. (MARTIN D. KAHN and MAYNARD A. GROSS, JJ. concur.)

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