ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY v. DOWNTOWN SURGERY CENTER (2021)

District Court of Appeal of Florida, Fourth District.

ALLSTATE FIRE AND CASUALTY INSURANCE COMPANY, Appellant, v. DOWNTOWN SURGERY CENTER a/a/o Nichole Moseley, Appellee.

No. 4D21-600

Decided: June 30, 2021

Daniel E. Nordby and Jason Gonzalez of Shutts & Bowen LLP, Tallahassee, and Garrett A. Tozier of Shutts & Bowen LLP, Tampa, for appellant. Matthew Emanuel of Landau & Associates, P.A., Sunrise, for appellee.

ON CONFESSION OF ERROR

Based on the Third District's recent decision in Priority Medical Centers, LLC v. Allstate Insurance Co., 319 So.3d 724 (Fla. 3d DCA Apr. 28, 2021), appellee filed a confession of error in this case. We accept the confession of error and reverse and remand for entry of final summary judgment in Allstate's favor. See Allstate Fire & Cas. Ins. Co. v. Katzell, No. 4D21-1044, 323 So.3d 191 (Fla. 4th DCA June 23, 2021).

Reversed and remanded.

Per Curiam.

Levine, C.J., Warner and Gross, JJ., concur.

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