ADVANCED 3-D DIAGNOSTICS, INC.
v.
DIRECT GENERAL INSURANCE COMPANY, CEREENA K. HUMPHREY, RODRYCKA J. MANUEL, ALEXANDRA CHARLES, RHEA SABRINA FOSTER, JOSEPH R. FOSTER, CENTRAL FLORIDA HEALTH AND REHAB CLINIC, LLC., ET AL

Fla. 5th DCA | 2022-11-18
No. 21-0976
Whitehead, J., Lambert, C.J., Edwards, J., Eisnaugle, J.
Florida District Court of Appeal, Fifth District (2022)

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Holding

When an appellee confesses error in the trial court's judgment, the appellate court accepts the confession and reverses the judgment.


Headnotes

[1] When an appellee files a confession of error regarding a judgment, the appellate court accepts the confession and reverses the judgment without further analysis of the me…

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Facts & Procedural History

Advanced 3-D Diagnostics, Inc. appealed a final summary judgment entered in favor of Direct General Insurance Company and other defendants in an Orang…

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Opinion of the Court
Rodrycka

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

ADVANCED 3-D DIAGNOSTICS, INC., Appellant, v. Case No. 5D21-976 LT Case No. 2019-CA-000385-O

DIRECT GENERAL INSURANCE

COMPANY, CEREENA K. HUMPHREY,

RODRYCKA J. MANUEL, ALEXANDRA

CHARLES, RHEA SABRINA FOSTER,

JOSEPH R. FOSTER, CENTRAL FLORIDA

HEALTH AND REHAB CLINIC, LLC., ET AL., Appellees. / Opinion filed November 18, 2022 Appeal from the Circuit Court for Orange County, Reginald K. Whitehead, Judge. John G. Crabtree, Charles M. Auslander and Brian C. Tackenberg, of Crabtree & Auslander, Key Biscayne, for Appellant. William J. McFarlane, III and Michael

K.

Mittelmark, of McFarlane Law, McFarlane Dolan & Prince, Coral Springs, for Appellee, Direct General Insurance Company. No appearance for other Appellees.

2

ON CONFESSION OF ERROR

PER CURIAM.

Appellant appeals the final summary judgment entered in favor of Appellee Direct General Insurance Company. Appellee Direct General Insurance Company has filed a confession of error. We accept the confession of error, reverse the final judgment, and remand for further proceedings.

REVERSED AND REMANDED.

LAMBERT, C.J., EDWARDS AND EISNAUGLE, JJ., concur.


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