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MARLIN DIAGNOSTICS v. STATE FARM MUT. AUTO.

No. 3D03-2533.

897 So.2d 469 (2004)

MARLIN DIAGNOSTICS, etc., Appellant, v. STATE FARM MUTUAL AUTOMOBILE INS. CO., Appellee.

District Court of Appeal of Florida, Third District.

December 15, 2004.

Attorney(s) appearing for the Case

Lopez & Best and Virginia Best and Christian Carrazana, for appellant.

Akerman Senterfitt and Marcy Levine Aldrich, Miami, and Nancy A. Cooperthwaite and Jeffrey T. Cook, for appellee.

Before SCHWARTZ, C.J., and LEVY, J., and ORFINGER, MELVIN, Senior Judge.

PER CURIAM.

We have for review an Order and Final Judgment of Dismissal of a class action based upon the trial court's determination that State Farm Mutual Automobile Insurance Company (State Farm) has the right to require a medical provider to submit to an Examination Under Oath (EUO) when that provider had accepted from State Farm's insured an assignment of benefits and had asserted the right to pursue personal injury protection (PIP) benefits. For the following...

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