The medical provider appeals final summary judgment entered in the insureds favor. This appeal presents the identical issue as in First Medical & Rehab of Bradenton, LLC v. Allstate Fire and Casualty Insurance Co., 343 So. 3d 691 (Fla. 3d DCA 2022). Accordingly, bound by the opinion of a prior panel of this court, we “affirm the entry of summary judgment to the extent the trial court found that the policies at issue provide legally sufficient notice of the insurers election to use the permissive fee schedules,” but we “otherwise reverse, however, because the record is devoid of an affidavit, or any summary judgment evidence, showing that Allstate paid pursuant to the fee schedules.” Id. at 692 (citations omitted).
Affirmed in part, reversed in part, and remanded.
PER CURIAM.