6 Fla. L. Weekly Supp. 354a
Insurance — Personal injury protection — Arbitration — Dispute between health care provider and insurer — Court is required to follow Third District’s ruling in Orion Ins. Co. v. Magnetic Imaging System, 696 So.2d 475 (Fla. 3d DCA 1997), which held that section 627.736(5) was constitutional and necessarily compelled arbitration — Motion for rehearing denied
DR. MARIA T. NODARSE, Plaintiff, v. FIDELITY NATIONAL INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 96-907 CC 05, Div. 6. March 8, 1999. Roger A. Silver, Judge.
FINAL ORDER DENYING PLAINTIFF’S MOTION FOR REHEARING
THIS CAUSE came before the Court on Plaintiff’s Motion for Rehearing and the Court having thoroughly reviewed the case law, and being fully advised in the premises finds:
1. Plaintiff cites this Court to Delta Casualty Co. v. Pinnacle Medical, Inc., 721 So. 2d 321 (Fla. 5th DCA 1998), for the proposition that the Fifth District considered an issue not before the Third District in Orion Ins. Co. v. Magnetic Imaging System, 696 So. 2d 475 (Fla. 3d DCA 1997), and therefore this Court is bound by Delta Casualty, supra.
2. However, this argument is in error because the Orion court, supra, explicitly considered the due process argument and nevertheless found that argument wanting. Consequently, the Third District in Orion explicitly found that the statute in question was constitutional and necessarily compelled arbitration in that case.
3. Accordingly, this Court notes that conflict exists between the Third and Fifth Districts and recognizes that it is bound by the Third District’s decision in Orion. Furthermore, the dissent in Delta Casualty Co. v. Pinnacle Medical, Inc., 721 So. 2d 321 (Fla. 5th DCA 1998) (J. Harris, dissenting) itself also notes that the majority opinion acknowledges the conflict with Orion and recommends that the matter be certified to the Florida Supreme Court for resolution.
4. Until such time that the conflict is resolved, this Court is required to follow the Third District’s ruling in Orion, supra.
WHEREFORE it is hereby ORDERED AND ADJUDGED as follows:
1. Plaintiff’s Motion for Rehearing is DENIED.
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