PROGRESSIVE SELECT INSURANCE COMPANY
v.
FLORIDA HOSPITAL
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Progressive Select Insurance Company appealed a summary judgment ruling, but the appeal was stayed pending Fifth District certiorari review. After the Fifth District denied certiorari, the trial court called Florida Hospital to show cause why the appeal should not proceed, Florida Hospital confessed error, and the appellate court reversed the summary judgment and remanded for proceedings consistent with the controlling Hunt decision.
The court reversed the summary judgment and remanded to the trial court for further proceedings consistent with the Hunt decision. The court granted Progressive Select's motion for provisional award of appellate attorney fees, conditioned on specified outcomes, and denied Florida Hospital's motion for appellate attorney fees.
[1] A court may reverse and remand a case for further proceedings consistent with a prior controlling opinion when a party confesses error in light of that opinion.
[2] A stay of an appeal may be lifted when a related petition for writ of certiorari has been denied.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“In Hunt, this Court determined that the trial court erred in failing to follow Progressive Select Insurance Co. v. Emergency Physicians of Central Fla., 202 So. 3d 437 (Fla. 5th DCA 2016), and in finding that the insurer was not entitled to contest the reasonableness of the provider's bill.”
Establishes that the controlling precedent requires that insurers have the right to contest provider bill reasonableness, which the trial court violated.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe case involves a dispute between Progressive Select Insurance Company and Florida Hospital Medical Center regarding the reasonableness of medical p…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Proposal For Settlement cases and more on FLexlaw
Before BLACKWELL, HARRIS, and MARQUES, J.J.
PER CURIAM. ON CONFESSION OF ERROR
The Court previously granted Appellee’s motion to stay this appeal pending the resolution of Appellee’s petition for writ of certiorari in 5D19-1372, filed in the Fifth District Court of Appeal. In 5D19-1372, Appellee was seeking certiorari review of this Court’s opinion in Progressive Select Insurance Company v. Florida Hospital 2 of 3 Medical Center a/a/o Larry Hunt, No. 2017-CV-000146-A-O (Fla. 9th Cir. Ct. Apr. 11, 2019) (“Hunt”), which according to Appellee “addressed a critical legal issue.”1
Recently, the Fifth District denied certiorari in 5D19-1372. Fla. Hosp. Med. Ctr. a/a/o Larry Hunt v. Progressive Select Ins. Co., No. 5D19-1372 (Fla. 5th DCA Oct. 22, 2019). Thus, this Court issued an order directing Appellee to show cause why the stay previously imposed in this appeal should not be lifted, and why the Court should not reverse and remand for further proceedings consistent with Hunt. In response to the Court’s show cause order, Appellee has filed a confession of error, in which Appellee confesses error in light of this Court’s opinion in Hunt, and states that the “appropriate procedure” is to set aside the summary judgment on appeal and remand “for further proceedings in accordance with Hunt.” In view of Appellee’s confession of error, the stay previously imposed in this appeal is now lifted. We REVERSE the summary judgment entered in this case and REMAND to the trial court for further proceedings consistent with Hunt. Appellant’s motion for provisional award of appellate attorney fees is GRANTED, contingent on a judgment of no liability or a judgment obtained by Appellee that is at least 25% less than the amount of Appellant’s proposal for settlement, and on the trial court’s determination that Appellant’s proposal for settlement is otherwise enforceable under section 768.79, Florida Statutes (2018), and
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Progressive Select Ins. Co. v. Emergency Physicians OF Cent. Fla., LLP, 202 So. 3d 437 (Fla. 5th DCA 2016)