CENTRAL FLORIDA HEALTH AND REHAB CLINIC, LLC
v.
DIRECT GENERAL INSURANCE COMPANY, ADVANCED 3-D DIAGNOSTICS, INC. AND CEREENA K. HUMPHREY

Fla. 5th DCA | 2022-11-18
No. 21-1871
Whitehead, J., Lambert, C.J., Edwards, J., Eisnaugle, J.
Florida District Court of Appeal, Fifth District (2022)

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Holding

When a party confesses error on appeal, the appellate court accepts the confession and reverses the judgment below.


Headnotes

[1] A confession of error by an appellee on appeal constitutes grounds for reversal of the judgment below and remand for further proceedings.

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Facts & Procedural History

Central Florida Health and Rehab Clinic appealed a final summary judgment entered in favor of Direct General Insurance Company in the Circuit Court fo…

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Opinion of the Court
Reversed And Remanded. Lambert

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

CENTRAL FLORIDA HEALTH

AND REHAB CLINIC, LLC, Appellant, v. Case No. 5D21-1871 LT Case No. 2019-CA-000385-O

DIRECT GENERAL INSURANCE

COMPANY, ADVANCED 3-D

DIAGNOSTICS, INC. AND

CEREENA K. HUMPHREY, Appellees. / Opinion filed November 18, 2022 Appeal from the Circuit Court for Orange County, Reginald K. Whitehead, Judge. Chad A. Barr, of Chad Barr Law, Altamonte Springs, 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.

ON CONFESSION OF ERROR

PER CURIAM.

Appellant appeals the final summary judgment entered in favor of

2 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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