Florida District Courts of Appeal, 2000

Garcia v. Humana Medical Plan, Inc.

Garcia v. Humana Medical Plan, Inc.
Florida District Courts of Appeal · Decided October 18, 2000 · Goderich, Jorgenson, Schwartz
769 So. 2d 1137; 2000 Fla. App. LEXIS 13523; 2000 WL 1531984 (Southern Reporter, Second Series)

Garcia v. Humana Medical Plan, Inc.

Opinion of the Court

PER CURIAM.

Although discovery had not been completed, the trial judge granted summary judgment to the defendant HMO in this action for allegedly covered medical expenses and bad faith refusal to pay them. Upon the appellee’s concession, and our agreement that the summary judgment was prematurely entered, see Crespo v. Florida Entertainment Direct Support Organization, Inc., 674 So.2d 154 (Fla. 3d DCA 1996); Del Prado v. Robert K. Estes, P.A., 532 So.2d 1101 (Fla. 3d DCA 1988); Cullen v. Big Daddy’s Lounges, Inc., 364 So.2d 839 (Fla. 3d DCA 1978), it is reversed for further proceedings.

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