03-3115 MIAMI-DADE V. LAUREIRO

State: Florida

Court: Florida Third District Court

Docket No: 03-3115 MIAMI-DADE V. LAUREIRO

Case Date: 11/24/2004

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM A.D., 2004 MIAMI-DADE COUNTY, Appellant, vs. NORKA LAUREIRO and FREDY LAUREIRO, Appellees. ** Opinion filed November 24, 2004. An Appeal from the Circuit Court for Miami-Dade County, Marc Schumacher, Judge. Robert A. Ginsburg, Miami-Dade County Attorney and Thomas H. Robertson, Assistant County Attorney, for appellant. Colson Hicks Eidson Lefebvre, for appellees. and Marc Cooper and Maureen E. ** ** ** ** ** LOWER TRIBUNAL NO. 00-14076 CASE NO. 3D03-3115

Before SCHWARTZ, C.J. and LEVY, J., and DAUKSCH, JAMES C., JR., Senior Judge. PER CURIAM. Because the verdict may include amounts for medical bills beyond those actually paid by Medicare, the judgment under

review,

while

otherwise

affirmed,

is

vacated

and

the

cause

remanded on the authority of Thyssenkrupp Elevator Co. v. Lasky, 868 So. 2d 547 (Fla. 4th DCA 2003), review dismissed, 873 So. 2d 1225 (Fla. 2004) and Cooperative Leasing, Inc. v. Johnson, 872 So. 2d 956 (Fla. 2d DCA 2004), review granted, ___ So. 2d ___ (Fla. Case no. SC04-1021, September 10, 2004)(table). in Thyssenkrupp, 868 So. 2d at 550, [o]n remand the trial court is authorized to receive such evidence as may be necessary to fix the precise amount of the reduction [if any] required by our decision today. Affirmed in part, vacated in part. As stated

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