UNITED V. TOTAL HEALTH

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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 UNITED AUTOMOBILE INS. CO., Petitioner, vs. ** ** ** TOTAL HEALTH CARE OF FLORIDA a/a/o JOYCE MARSHALL, Respondent. CASE NO. 3D03-2846 ** ** ** LOWER TRIBUNAL NO. 02-4892 Opinion filed February 4, 2004. A Writ of Certiorari to the Circuit Court for Dade County, Eugene Fierro, Barbara S. Levenson, and Leslie B. Rothenberg, Judges. Lawrence Root, for petitioner. Panter, Panter & Sampedro, P.A. and Jorge Luis Montero, for respondent. Before COPE, SHEVIN and RAMIREZ, JJ. PER CURIAM. We quash the order of the circuit court, appellate division, on authority of United Automobile Insurance Co. v. Total Rehab & Medical Center, No. 3D03-2126 (Fla. 3d DCA opinion filed February 4, 2004), and Leonard v. First Union Nat l Bank, 685 So. 2d 98 (Fla. 3d DCA 1997). Certiorari granted. 2

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