PREZIOSI WEST EAST ORLANDO CHIROPRACTIC CLINIC LLC v. GEICO GENERAL INSURANCE COMPANY (2021)

District Court of Appeal of Florida, Fifth District.2021-09-10No. Case No. 5D20-2714

Summary · law.co

Holding. The court granted the petition for certiorari, quashed the circuit court's decision, affirmed the county court's summary judgment in part, reversed it in part, and remanded the matter to the county court to recalculate the balance owed to the clinic and enter final judgment accordingly.

A chiropractic clinic sought review of a lower court decision regarding a dispute with an insurance company over payment. The appellate court relied on a related decision involving similar parties and issues to guide its ruling in this case. The court found that the circuit court's review of the county court's judgment contained errors, requiring correction of part of that judgment while leaving other portions intact.

Summary generated by law.co from the public-domain opinion. The opinion text itself is public domain.

Key issues

Insurance payment obligations to healthcare provider
Proper application of summary judgment
Appellate review of lower court determinations

Procedural posture

The clinic petitioned for certiorari review of a circuit court's appellate decision that had reviewed a county court's summary judgment ruling.

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion · public domain

Based upon our decision in Hands On Chiropractic PL a/a/o Justin Wick v. Geico General Insurance Co., No. 20-2705, ––– So.3d ––––, 2021 WL 4127820 (Fla. 5th DCA Sept. 10, 2021), we grant the petition for writ of certiorari,

quash the circuit courts appellate decision in this case, and affirm the county courts summary judgment in part and reverse it in part. We remand this matter to the county court for further proceedings consistent with this opinion, including calculation of and entry of final judgment for the balance owed to Petitioner from Respondent in accordance with the above cited opinion. 2

PETITION GRANTED; CIRCUIT COURTS OPINION QUASHED. County Courts Summary Judgment AFFIRMED, in Part; REVERSED, in Part; and REMANDED to County Court with instructions.

FOOTNOTES

. Under the circumstances, while we grant the petition, it will not be necessary to actually issue the writ of certiorari.

. By a separate order, we provisionally grant Petitioners motion for appellate attorneys fees which will be determined by the county court on remand.

EDWARDS, J.

WALLIS and WOZNIAK, JJ., concur.