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MAGNETIC IMAGING SYSTEMS, I, LTD. v. PRUDENTIAL PROP. & CAS. INS. CO.

No. 3D02-888.

847 So.2d 987 (2003)

MAGNETIC IMAGING SYSTEMS, I, LTD., Appellant, v. PRUDENTIAL PROPERTY & CASUALTY INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing and Clarification Denied May 28 and July 9, 2003.

Attorney(s) appearing for the Case

John G. Crabtree, Key Biscayne; Zebersky & Payne and Edward H. Zebersky, Hollywood; Keith Hope, Tallahassee; Sheftall & Torres and Brian Torres, Miami, for appellant.

Weinstein, Bavly & Moon and Alvin N. Weinstein; Arthur J. Morburger, Miami, for appellee.

Before SCHWARTZ, C.J., and LEVY, and WELLS, JJ.

Rehearing En Banc and Clarification Denied May 28 and July 9, 2003.

WELLS, J.

Magnetic Imaging Systems I, Ltd. ("Magnetic") appeals a final summary judgment in favor of Prudential Property & Casualty Insurance Company ("Prudential") in which the lower court found that Magnetic was not entitled to a fee award. We disagree and reverse.

Magnetic is a medical service provider that accepts assignment of PIP insurance benefits from its patients. As the...

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