NATIONWIDE INSURANCE COMPANY OF AMERICA vs INTEGRITY MEDICAL GROUP, LLC A/A/O WILLIAM ELLIOTT
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Opinion
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
NATIONWIDE INSURANCE COMPANY OF AMERICA,
Appellant, Case No. 5D21-2889 v. LT Case No. 2018-36022-COCO
INTEGRITY MEDICAL GROUP, LLC A/A/O WILLIAM ELLIOTT,
Appellee. ________________________________/
Opinion filed February 3, 2023
Appeal from the County Court for Volusia County, Belle B. Schumann, Judge.
DeeAnn J. McLemore, of Banker Lopez Gassler P.A., St. Petersburg, for Appellant.
Douglas H. Stein, of Douglas H. Stein, P.A., Coral Gables, for Appellee.
PER CURIAM. In this personal injury protection insurance case, Integrity Medical
Group, LLC a/a/o William Elliott (“Integrity”) brought an action in small claims
court against Nationwide Insurance Company of America (“Nationwide”).
Pursuant to Florida Small Claims Rule 7.020(c), the trial court entered an
order invoking the Florida Rules of Civil Procedure (with certain exceptions
not relevant to this case). Subsequently, after a non-evidentiary hearing, the
trial court entered a final judgment in favor of Integrity.
On appeal, Nationwide argues that the trial court erred in treating, over
objection, Integrity’s motion for summary disposition filed pursuant to Florida
Small Claims Rule 7.135 as a motion for summary judgment filed under
Florida Rule of Civil Procedure 1.510, and granting same. We agree.
Integrity’s motion did not comply with requirements set forth in rule 1.510 and
Nationwide was deprived of the opportunity to avail itself, as the nonmoving
party, of the procedural safeguards provided under the rule. Accordingly, we
reverse the final judgment entered in favor of Integrity and remand for further
proceedings.
REVERSED and REMANDED.
EVANDER, MAKAR and EDWARDS JJ., concur.
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