PROGRESSIVE SELECT INS CO
v.
FLORIDA HOSP MED CTR
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.
An appellate court affirmed summary judgment in favor of Florida Hospital Medical Center and denied the appellant's motions for attorney's fees and oral argument. The court granted the provider's motion for appellate attorney's fees and remanded the matter to the trial court for assessment.
The trial court's final summary judgment in favor of Florida Hospital Medical Center is affirmed, as is the trial court's determination regarding the election of a deductible, applying the presumption of correctness standard.
[1] An appeal should be dismissed when the case settles prior to the release of an opinion.
[2] A trial court's decision is presumed correct on appeal, and the appellant bears the burden of demonstrating error.
Previewing 2 of 4 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 appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error.”
Establishes the standard of review and burden of proof on appeal
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Join FLexlaw to unlock all legal intelligenceThe trial court entered final summary judgment in favor of Florida Hospital Medical Center. The appellant appealed, filing motions for attorney's fees…
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Before CARSTEN, MURPHY, and TRAVER, J.J.
PER CURIAM.
OPINION ON MOTION TO WITHDRAW OPINION
Appellant’s Motion to Withdraw Opinion, filed on February 18, 2019, is being denied by separate order of the Court. The Court’s Opinion of February1, 2019 is revised1 as follows:
KEITH A. CARSTEN
Presiding Circuit Judge
TRAVER, J.J., concurs.
MURPHY, J., dissents.
The case settled prior to the opinion being released, therefore the appeal should have been dismissed pursuant to Rule 9.350(a) of the Florida Rules of Appellate Procedure. See dissent in Order Denying Motion to Withdraw Opinion.
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished to: the Honorable Eric H. DuBois, Orange County Judge, Orange County Courthouse, 425 N. Orange Ave., Orlando, FL 32801; Douglas H. Stein, Esq., Association Law Group, P.L., 1200 Brickell Avenue, PH 2000, Miami, FL 33131; Robert J. Hauser, Esq., Pankauski Hauser PLLC, 415 South Olive Avenue, West Palm Beach, FL 33401, on this _______ day of ____________, 2019.