OAKLAND PARK MRI INC v. PROGRESSIVE SELECT INSURANCE COMPANY (2021)

District Court of Appeal of Florida, Fourth District.

OAKLAND PARK MRI, INC. a/a/o Jose Cruz, Appellant, v. PROGRESSIVE SELECT INSURANCE COMPANY, Appellee.

No. 4D21-914

Decided: August 11, 2021

Christina M. Kalin and John C. Daly of Daly & Barber, P.A., Plantation, for appellant. Michael A. Graham of Progressive PIP House Counsel, Fort Lauderdale, for appellee.

Appellant appeals the dismissal of its complaint due to the parties’ failure to file a joint pretrial stipulation. Appellant argues it was denied due process because the trial court sua sponte dismissed its complaint without notice or an opportunity to be heard. Appellee concedes error. Accordingly, we reverse and remand for further proceedings. See, e.g., Fed. Nat'l Mortg. Ass'n v. Sanchez, 187 So. 3d 341, 342 (Fla. 4th DCA 2016).

Reversed and remanded for further proceedings.

Per Curiam.

Gross, Damoorgian and Levine, JJ., concur.

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