GEICO GENERAL INSURANCE COMPANY v. FINLAY DIAGNOSTIC CENTER, INC., A/A/O MARIA P. CRUZ

• Court: District Court of Appeal of Florida
• Decided: April 28, 2021
• Docket: 21-0026
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed April 28, 2021. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D21-0026 Lower Tribunal Nos. 14-281 CC &18-360 AP ________________

Geico General Insurance Company, Appellant,

vs.

Finlay Diagnostic Center, Inc., a/a/o Maria P. Cruz, Appellee.

An appeal from the County Court for Miami-Dade County, Gloria Gonzalez-Meyer, Judge.

Kubicki Draper P.A., and Caryn L. Bellus, and Angela C. Flowers, for appellant.

David B. Pakula, P.A., and David B. Pakula (Pembroke Pines); and Corredor, Husseini & Snedaker, P.A., and Tim Snedaker, for appellee.

Before SCALES, MILLER, and LOBREE, JJ.

MILLER, J. Appellant, Geico General Insurance Company, challenges a final

summary judgment entered in favor of appellee, Finlay Diagnostic Center,

Inc. 1 On appeal, Geico contends the lower tribunal erred in interpreting

section 627.736(1)(a)(5), Florida Statutes. Recognizing the court did not

have the benefit of our decision in Geico General Insurance Co. v. Beacon

Healthcare Center Inc., 298 So. 3d 1235 (Fla. 3d DCA 2020), at the time

judgment was rendered, we agree. 2 Accordingly, we reverse and remand

the order under review. 3 See also S. Owners Ins. Co. v. Hendrickson, 299

So. 3d 524 (Fla. 5th DCA 2020).

Reversed and remanded.

1 We discern no error in the trial court’s conclusion “[the x-rays] were taken by a licensed radiographer.” 2 We reject the contention Geico was enjoined from relying upon the relevant provisions of the statute. See McCarty v. Myers, 125 So. 3d 333 (Fla. 1st DCA 2013). 3 The parties urge us to address a myriad of other unbriefed issues. As “it is well-settled that ‘[t]he [t]ipsy [c]oachman doctrine does not apply to grounds not raised in a motion for summary judgment,’” we decline the invitation. Sousa v. Zuni Transp., Inc., 286 So. 3d 820, 822 (Fla. 3d DCA 2019) (citations omitted).