DNA CENTER FOR NEUROLOGY AND REHABILITATION v. PROGRESSIVE AMERICAN INSURANCE CO.

No. 5D07-1878.

13 So.3d 74 (2009)

DNA CENTER FOR NEUROLOGY AND REHABILITATION, Appellant, v. PROGRESSIVE AMERICAN INSURANCE CO., Appellee.

District Court of Appeal of Florida, Fifth District.

May 15, 2009.


Attorney(s) appearing for the Case

Jason L. Harr, of Law Offices of Jason L. Harr, P.A., and Michael Olshefski, of Michael Olshefski, P.A., Daytona Beach, for Appellant.

Douglas H. Stein, of Seipp & Flick, LLP, Miami, for Appellee.


COHEN, J.

DNA Center for Neurology and Rehabilitation (hereinafter "DNA") challenges the entry of summary judgment in favor of Progressive American Insurance Co. The propriety of the summary judgment will not be addressed because the trial court lacked jurisdiction to enter the order. Although neither party raised this issue before the trial court, or on appeal, this does not prevent us from addressing it. See Dep't of Revenue v. Daystar Farms, Inc.,

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