The Personal Injury Clinic, Inc., a/a/o Loanys Manzano, Appellant, v. Allstate Indemnity Company, Appellee. (2022)

Appellant (Plaintiff below) the Personal Injury Clinic, Inc. appeals from a final judgment entered in favor of Appellee (Defendant below) Allstate Indemnity Company. We affirm the trial court's conclusion that Allstate's policy provides legally sufficient notice of its election to use the fee schedules identified in section 627.736(5)(a)(2), Florida Statutes (2022). See Allstate Ins. Co. v. Orthopedic Specialists, 212 So. 3d 973 (Fla. 2017). However, consistent with our decision in First Medical & Rehab of Bradenton, LLC v. Allstate Fire & Casualty Insurance Co., 343 So. 3d 691 (Fla. 3d DCA 2022), we reverse and remand for further proceedings because Allstate did not identify evidence in its motion for summary judgment showing it paid pursuant to the fee schedules. See Fla. R. Civ. P. 1.510(c) (2020)¹ (“The motion must ․ specifically identify any affidavits, answer to interrogatories, admissions, depositions, and other materials as would be admissible in evidence (‘summary judgment evidence’) on which the movant relies.”).

Affirmed, in part, reversed, in part, and remanded.

FOOTNOTES

1.   This case was decided under Florida's former summary judgment standard.

PER CURIAM.