NATIONWIDE INSURANCE COMPANY OF AMERICA v. INTEGRITY MEDICAL GROUP LLC WILLIAM ELLIOTT (2023)

District Court of Appeal of Florida, Fifth District.

NATIONWIDE INSURANCE COMPANY OF AMERICA, Appellant, v. INTEGRITY MEDICAL GROUP, LLC A/A/O WILLIAM ELLIOTT, Appellee.

Case No. 5D21-2889

Decided: February 03, 2023

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.

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.

PER CURIAM.

EVANDER, MAKAR and EDWARDS JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network