7 Fla. L. Weekly Supp. 775a
Insurance — Personal injury protection
CLAUDETTE WRIGHT, Appellant, v. UNITED AUTOMOBILE INSURANCE COMPANY, Appellee. Circuit Court, 11th Judicial Circuit (Appellate) in and for Miami-Dade County. Case No. 99-298 AP. Opinion filed September 26, 2000. On appeal from the County Court, Miami-Dade County, Roger A. Silver, Judge. Counsel: Bernard H. Butts, Jr., P.A. and Thomas J. Morgan, Jr., for Appellant. Fowler, White, Burnett, Hurley, Banick & Stickroot, P.A. and Steven E. Stark and June G. Hoffman, for Appellant.
(Before JOSEPH P. FARINA, LAWRENCE A. SCHWARTZ, and CECILIA M. ALTONAGA.)
(Farina, J.) In appellate proceedings the decision of a trial court has a presumption of correctness and the burden is on the Appellant to demonstrate error. Applegate v. Barnett Bank, 377 So. 2d 1150,1152 (Fla. 1979). The Appellant correctly points out that the lower court’s rationale in granting summary judgment for UAIC was incorrect. This Court finds that the well reasoned decision of Judge Silver was correct according to the case law at the time of his decision, however, the law concerning this issue was changed by the opinion in Amador v. United Automobile Insurance Co., 748 So. 2d 307 (Fla. 3d DCA, 1999), which the Third District Court of Appeal handed down after his decision was entered. As a result, we are bound by the Amador opinion.
Accordingly, we must reverse the lower court’s final summary judgment in favor of UAIC. In addition, the Appellant filed a Motion for Attorney’s Fees and Costs, pursuant to Fla. R. App. P. 9.400. We grant the motion, and remanded this cause back to the lower court to determine fees and costs.
Accordingly, the judgment of the lower court is hereby REVERSED AND REMANDED. (SCHWARTZ and ALTONAGA, JJ., concur.)
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