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CLEARVIEW IMAGING v. STATE FARM MUT. AUTO.

No. 2D05-491.

932 So.2d 423 (2006)

CLEARVIEW IMAGING, L.L.C., as Assignee of Yvonne L. Finch, individually and on behalf of all those similarly situated, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee.

District Court of Appeal of Florida, Second District.

April 21, 2006.

Attorney(s) appearing for the Case

David M. Caldevilla of de la Parte & Gilbert, P.A., Tampa; J. Daniel Clark of Clark & Martino, P.A., Tampa; and Scott R. Jeeves of The Jeeves Law Group, P.A., St. Petersburg, for Appellant.

John R. Blue, Chris S. Coutroulis, E. Kelly Bittick, Jr., and Joanna Garcia of Carlton Fields, P.A., Tampa, for Appellee.

ALTENBERND, Judge.

Clearview Imaging, L.L.C. ("Clearview"), appeals an order dismissing with prejudice its second amended complaint against State Farm Mutual Automobile Insurance Company ("State Farm"). We reverse and remand for further proceedings consistent with the Third District's decision in Millennium Diagnostic Imaging Center, Inc. v. Security National Insurance Co., 882 So.2d 1027 (Fla. 3d DCA 2004).

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