Florida Third District Court Issues Opinion Regarding GR Rehab Center Vs. Geico General Insurance
An Appeal from the County Court for
Before SCALES, LINDSEY and MILLER, JJ.
SCALES, J.
Upon providing medical service to
On
On
GR brought the instant appeal challenging the
While, in its notice of appeal, GR characterizes the trial court's order as "final," the order is not final because judicial labor remains. See Giller v. Giller, 319 So. 3d 690, 691 (Fla. 3d DCA 2021) ("If an order on appeal fails to 'terminate judicial labor or provide finality as to any issue or party in [the] case,' it is subject to dismissal." (quoting N. Tr. Co. as Tr. of Elizabeth W. Walker Tr. v.
Appeal dismissed./4
* * *
Footnotes:
1/ "Section 627.428 provides that an incorrect denial of benefits, followed by a judgment or its equivalent of payment in favor of the insured, is sufficient for an insured to recover attorney's fees. Extensive case law further provides that an insurer's concession that the insured was entitled to benefits after a legal action has been initiated is the functional equivalent of a confession of judgment." Johnson v. Omega Ins. Co., 200 So. 3d 1207, 1219 (Fla. 2016).
2/ Specifically, GEICO argued that GR's lawsuit was filed in contravention of Section 627.736(10)(d) of the Florida Statutes, which prohibits the filing of a lawsuit against a PIP insurer within thirty days of the insurer's receipt of a demand letter.
3/ We distinguish this case from Do v.
4/ We do not reach the merits of whether the trial erred in denying GR's Motion and we express no opinion on the issue.
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