CHARLES M. VAUGHT, JR., APPELLANT,
v.
WALTER A. MCNEIL, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, APPELLEE
CHARLES M. VAUGHT, JR., APPELLANT,
WALTER A. MCNEIL, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS, APPELLEE
16 So. 3d 897
Florida District Court of Appeal, First District (2009)
Positive Treatment
Cited by 12 cases
Opinion of the Court
Appellant raises three issues on appeal. We affirm as to two issues but remand to the trial court to amend its order to indicate it is without prejudice to appellant’s right to file an amended complaint on the declaratory judgment and to effectuate appropriate process pursuant to Florida Rule of Civil Procedure 1.070(j).
WOLF, WEBSTER, and CLARK, JJ„ concur.
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Cent. Magnetic Imaging Open MRI OF Plantation, Ltd. v. State Farm Fire & Cas. Ins. Co., 22 So. 3d 782 (Fla. 4th DCA 2009)…e conclude, in line with the Third District Court of Appeal, that the “valid report” required by the statute does not require an insurer to order an IME before denying a claim for PIP benefits. See United Auto. Ins. Co. v. Metro Injury & Rehab Ctr., 16 So. 3d 897 (Fla. 3d DCA 2009); United Auto. Ins. Co. v. Bermudez, 980 So. 2d 1213 (Fla. 3d DCA 2008), receded from on other grounds by United Auto. Ins. Co. v. Santa Fe Med. Ctr., 21 So. 3d 60 (Fla. 3d DCA 2009) (en banc). The disagreement among the lower cou…
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United Auto. Ins. Co. v. Eduardo J. Garrido, D.C., P.A., 22 So. 3d 120 (Fla. 3d DCA 2009)…bile Ins. Co. v. Santa Fe Medical Center, 21 So. 3d 60 (Fla. 3d DCA 2009) (en banc); see also Partners in Health Chiropractic v. United Automobile Ins. Co., 21 So. 3d 858 (Fla. 3d DCA 2009); United Automobile Ins. Co. v. Metro Injury & Rehab Center, 16 So. 3d 897 (Fla 3d DCA 2009). The parties acknowledged at the time of the county court hearing that there was an internal conflict of decisions in the appellate division of the circuit court. Under the circumstances, certiorari review is appropriate. See Allst…
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United Auto. Ins. Co. v. Miami Med. Grp., Inc., 20 So. 3d 999 (Fla. 3d DCA 2009)…e petition for certiorari on the authority of our decisions in United Automobile Insurance Co. v. Santa Fe Medical Center, 21 So. 3d 60, 2009 WL 3188957 (Fla. 3d DCA 2009), and United Automobile Insurance Co. v. Metro Injury & Rehabilitation Center, 16 So. 3d 897 (Fla. 3d DCA 2009).…
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