ASHLEY PARK CHIROPRACTIC CENTER LLC v. GEICO GENERAL INSURANCE COMPANY (2021)

District Court of Appeal of Florida, Fifth District.2021-09-10No. Case No. 5D20-2717

Summary · law.co

Holding. The petition for writ of certiorari was granted, the circuit court's appellate decision was quashed, and the county court's summary judgment was affirmed in part and reversed in part. The matter was remanded to the county court to calculate and enter final judgment for the balance owed to the petitioner consistent with a related precedential decision.

Ashley Park Chiropractic Center sought review of a circuit court decision that had modified a county court's summary judgment ruling. The Fifth District Court of Appeal granted the chiropractic center's petition for certiorari and quashed the circuit court's decision, finding that the lower court had erred in its appellate review. The court affirmed certain aspects of the county court's original summary judgment while reversing others, determining that the case required further proceedings to properly calculate the amount owed to the chiropractic center by the insurance company.

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

Key issues

Scope of appellate review by circuit court over county court summary judgment
Amount owed by insurance company to chiropractic provider
Application of precedent from related chiropractor-versus-insurer dispute

Procedural posture

The case arose from a county court summary judgment that was appealed to and modified by the circuit court, leading to a petition for certiorari to the Fifth District Court of Appeal.

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.