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UNITED AUTO. INS. v. TOTAL REHAB & MEDICAL CENTER

Nos. 3D03-2126, 3D03-2447, 3D03-2580.

870 So.2d 866 (2004)

UNITED AUTOMOBILE INSURANCE COMPANY, Petitioner, v. TOTAL REHAB & MEDICAL CENTER, as assignee of Ovil Gaspard, Respondent. United Automobile Insurance Company, Petitioner, v. Care First Medical Center, Inc., as assignee of Janice Isaza, Respondent. United Automobile Insurance Company, Petitioner, v. Open MRI & Diagnostic Imaging, Inc., as assignee of Martha Castillo, Respondent.

District Court of Appeal of Florida, Third District.

February 4, 2004.

Attorney(s) appearing for the Case

Stuart B. Yanofsky; Mark A. Gatica; Lawrence Root, for petitioner.

Christian Carrazana, for respondent Total Rehab & Medical Center; John H. Ruiz, Miami, for respondent Care First Medical Center, Inc.; Rodier & Rodier and Brian M. Rodier, Hallandale, for respondent Open MRI & Diagnostic Imaging, Inc.

Before SCHWARTZ, C.J., and COPE, LEVY, GERSTEN, GODERICH, GREEN FLETCHER, SHEVIN, RAMIREZ, WELLS, and SHEPHERD, JJ.

On Hearing En Banc

COPE, J.

In these consolidated petitions for writ of certiorari, United Automobile Insurance Company seeks reinstatement of three appeals which were dismissed by the appellate division of the circuit court. Because there had been no fair warning that dismissal could result from failure to file the appellant's initial brief by the deadline, we conclude that the petitions are well taken...

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