ANGELS DIAGNOSTIC V. STATE FARM, ET AL.
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Third District Court of Appeal State of Florida, July Term, A.D., 2013 Opinion filed December 18, 2013. ________________ No. 3D13-2078 Lower Tribunal No. 13-15538 ________________ Angels Diagnostic Group, Inc., etc., Appellant, vs. State Farm Mutual Automobile Insurance Company, etc., and State Farm Fire and Casualty Company, etc., Appellees. An Appeal from the Circuit Court for Miami-Dade County, Jorge E. Cueto, Judge. Marlene S. Reiss, for appellant. Akerman Senterfitt, and Nancy A. Copperthwaite and Marcy Levine Aldrich, for appellees. Before LAGOA, EMAS and LOGUE, JJ. ON CONFESSION OF ERROR PER CURIAM. Appellant, Angels Diagnostic Group, Inc. ( Angels ), appeals from a Final Default Judgment in favor of Appellees, State Farm Mutual Automobile Insurance Company and State Farm Fire and Casualty Company (collectively, State Farm ), and from an order denying Angels s motion for rehearing. Based upon State Farm s commendable confession of error, and our own independent review of the record, we conclude that the trial court erred in failing to grant Angels s motion for rehearing and in denying its motion to set aside the Final Default Judgment. We reverse the trial court s order denying Angels s motion for rehearing and remand with instructions to set aside the Final Default Judgment and for further proceedings consistent with this opinion. REVERSED and REMANDED. 2
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