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. 5D20-2709

Summary · law.co

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

A chiropractic clinic sought review of a circuit court decision that had reversed a county court's summary judgment in a dispute with an insurance company. The appellate court relied on a parallel decision involving similar legal issues to resolve this case. The court determined that the circuit court's reversal was improper and that the county court had correctly decided certain aspects of the matter, though not all of them.

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

Key issues

Whether the circuit court properly reversed the county court's summary judgment
Calculation of amounts owed by insurance company to healthcare provider
Application of insurance coverage principles to chiropractic services

Procedural posture

The chiropractic clinic appealed a circuit court decision that had reversed the county court's summary judgment in favor of the clinic against the insurance company.

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, 327 So. 3d 439 (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.