ADVANCED DIAGNOSTIC GROUP a/a/o GLADYS SOTO v. DIRECT GENERAL INSURANCE COMPANY
Opinion
DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
ADVANCED DIAGNOSTIC GROUP, a/a/o GLADYS SOTO,
Appellant, v.
DIRECT GENERAL INSURANCE COMPANY,
Appellee. No. 4D21-3568 [December 7, 2022]
Appeal from the County Court for the Seventeenth Judicial Circuit, Broward County; Steven DeLuca, Judge; L.T. Case No. CONO21-017816.
Chad A. Barr of Chad Barr Law, Altamonte Springs, for appellant. William J. McFarlane, III and Michael K. Mittelmark of McFarlane Law McFarlane Dolan & Prince, Coral Springs, for appellee.
ON CONFESSION OF ERROR
PER CURIAM.
A provider, as the insured’s assignee, appeals an order dismissing its complaint for breach of contract. The provider argues the trial court erred in dismissing the provider’s complaint based on a declaratory judgment issued in another case for which the provider neither received notice nor participated.
The insurer has filed a Confession of Error. We therefore reverse and remand the case to the trial court to vacate the order of dismissal.
Reversed and remanded.
MAY, GERBER and ARTAU, JJ., concur.
* * *
Not final until disposition of timely filed motion for rehearing.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.