UNITED AUTO V. HOLLYWOOD INJURY

State: Florida

Court: Florida Third District Court

Docket No: 08-2504

Case Date: 12/30/2009

Preview:Third District Court of Appeal
State of Florida, July Term, A.D. 2009
Opinion filed December 30, 2009. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D08-2504 Lower Tribunal Nos. 06-553 AP, 06-594 AP, 05-575 AP ________________

United Automobile Insurance Company,
Petitioner, vs.

Hollywood Injury Rehabilitation Center a/a/o Raysa Menendez,
Respondent.

A Petition for Writ of Certiorari to the Circuit Court for Miami-Dade County, Cindy S. Lederman, Judge. Lara J. Edelstein, for petitioner. Sostchin and Pessin, and Gregg Pessin; Dean A. Mitchell, for respondent.

Before RAMIREZ, C.J., and COPE, J. and SCHWARTZ, Senior Judge. PER CURIAM. The issues raised in this petition for writ of certiorari are identical to those raised in United Automobile Insurance Company. v. Santa Fe Medical Center, a/a/o Telmo Lopez, 2009 WL 3188957 (Fla. 3d DCA Oct. 7, 2009). On the

authority of that opinion, we conclude that the trial court, sitting in its appellate capacity, departed from the essential requirements of law when it affirmed a summary judgment and imposed sanctions against petitioner United Automobile Insurance Company and/or its counsel. Therefore, we grant the petition for writ of certiorari. Petition granted, decision quashed.

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