ADVANCED DIAGNOSTIC GROUP GLADYS SOTO v. DIRECT GENERAL INSURANCE COMPANY (2022)

District Court of Appeal of Florida, Fourth District.

ADVANCED DIAGNOSTIC GROUP, a/a/o GLADYS SOTO, Appellant, v. DIRECT GENERAL INSURANCE COMPANY, Appellee.

No. 4D21-3568

Decided: December 07, 2022

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.

ON CONFESSION OF ERROR

A provider, as the insured's assignee, appeals an order dismissing its complaint for breach of contract. The provider argues the trial court erred in dismissing the provider's complaint based on a declaratory judgment issued in another case for which the provider neither received notice nor participated.

The insurer has filed a Confession of Error. We therefore reverse and remand the case to the trial court to vacate the order of dismissal.

Reversed and remanded.

PER CURIAM.

MAY, GERBER and ARTAU, JJ., concur.

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