Volume 16

16 Fla. L. Weekly Supp. 516c

Online Reference: FLWSUPP 166DESHO

Insurance — Personal injury protection — Appeals — Transcript — Insurer appealing summary judgment was not required to provide transcript of summary judgment hearing to appellate court — No merit to claim that insurer did not preserve issues for appeal by raising issues below — Summary judgment — No merit to argument that peer review physician’s affidavit must state that it is filed in opposition to summary judgment where affidavit is identified in response to motion for summary judgment — Withdrawal of benefits — Medical report — Although medical report relied upon for withdrawal of benefits must be supported by physical examination, there is no requirement that physician conducting examination be retained by insurer — Statute does not require peer review physician to state in report that physician meets record keeping requirements of section 627.736(7) — Trial court erred in refusing to consider peer review and in finding that peer review failed to create issue of fact

16 Fla. L. Weekly Supp. 1036b

Online Reference: FLWSUPP 1611ZAYA

Insurance — Personal injury protection — Appeals — Timeliness — Where trial court entered final order dismissing amended complaint pursuant to plaintiff’s notice of voluntary dismissal and denying plaintiff’s motion to vacate final judgment that had been subject of prior appeal, plaintiff did not file a motion for rehearing or appeal of that order but reasserted motion to vacate during hearing on defendant’s entitlement to attorney’s fees, and trial court entered second order denying motion to vacate that did not meaningfully alter or amend prior order, appeal filed within thirty days of second order denying motion to vacate but five months after first order denying motion was not timely filed — No merit to argument that first order denying motion was legal nullity that court lacked jurisdiction to issue because plaintiff had taken voluntary dismissal before order was issued

16 Fla. L. Weekly Supp. 618a

Online Reference: FLWSUPP 167 MED

Insurance — Personal injury protection — Appeals — Where record on appeal contains neither peer review relied upon by insurer to reduce bills nor transcript, record is incomplete and, in absence of fundamental error evident on face of judgment, decision below is affirmed

16 Fla. L. Weekly Supp. 911a

Online Reference: FLWSUPP 1610ROSA

Insurance — Personal injury protection — Discovery — Billing statements — Appeals — Certiorari — Where medical provider did not claim that requested documents were privileged or confidential, but merely that discovery was overbroad, provider has not established departure from essential requirements of law or shown how production would cause irreparable harm that could not be remedied on appeal — Petition denied

16 Fla. L. Weekly Supp. 725b

Online Reference: FLWSUPP 168AFFIR

Insurance — Personal injury protection — Discovery — Appeals — Timeliness — Motion for rehearing of non-final order granting insured’s motion to enforce prior discovery order is unauthorized motion and did not toll time for filing petition for writ of certiorari challenging order, even where trial court entertained motion — Petition for writ of certiorari dismissed — Appellate attorney’s fees awarded to insured under section 627.428

16 Fla. L. Weekly Supp. 721a

Online Reference: FLWSUPP 168AMEX

Insurance — Discovery — Appeals — Certiorari — Timeliness of petition — Because filing motion for reconsideration does not toll time for filing appeal of non-final order, petition for writ of certiorari filed within 30 days of order denying motion for reconsideration but more than 30 days after rendition of non-final order was untimely — Depositions — Location — Error to require defendant’s adjuster from Wisconsin to attend deposition in Miami-Dade County where defendant asserted affirmative defenses but did not seek affirmative relief through counterclaim, cross-claim or third-party complaint

16 Fla. L. Weekly Supp. 817a

Online Reference: FLWSUPP 169TAVER

Insurance — Personal injury protection — Discovery — Medical records of nonparties — Appeals — Certiorari — Order to produce independent medical examination and peer review reports of nonparties and expert’s financial information meets threshold jurisdictional requirement for writ of certiorari where disclosure of reports and financial information will cause material injury that cannot be corrected on appeal — Requirement to disclose medical records of nonparties without notice to nonparties required by section 456.057(7) violated law — Error to compel production of expert’s financial information without finding unusual or compelling circumstances requiring production — Discovery order quashed

16 Fla. L. Weekly Supp. 814a

Online Reference: FLWSUPP 169 CHAVE

Insurance — Personal injury protection — Discovery — Medical records of nonparties — Appeals — Certiorari — Order to produce independent medical examination and peer review reports of nonparties meets threshold jurisdictional requirement for writ of certiorari where disclosure of reports will cause irreparable harm that cannot be corrected on appeal — Insurer has standing to challenge subpoena served on its non-party expert witness — Motion for appellate attorney’s fees that fails to identify source of entitlement to fee award is denied — Reply to response to motion to dismiss petition for writ of certiorari is unauthorized pleading — Order to show cause issued