GARCIA V. HUMANA

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2004 GERARDO GARCIA, Appellant, vs. ** ** ** HUMANA MEDICAL PLAN, INC., Appellee. CASE NO. 3D03-421 ** LOWER TRIBUNAL CASE NO. 97-24740 ** Opinion filed February 18, 2004. An Appeal from the Circuit Court of Miami-Dade County, Amy N. Dean, Judge. Lyons & Farrar and L. Daniel Ferrer, for appellant. Conrad & Scherer and Vanessa A. Reynolds and Susanne E. Reidhammer (Ft. Lauderdale), for appellee. Before COPE, GODERICH, and FLETCHER, JJ., PER CURIAM. We reverse the trial court s entry of final summary judgment and remand the cause for reconsideration by the trial court in light of Villazon v. Prudential Health Care Plan, Inc., 843 So. 2d 842 (Fla. 2003), which was not available to the trial court at the time of entry of the final summary judgment. Reversed and remanded.

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