UNITED AUTO. INS. CO. v. GAITAN

No. 3D09-2456.

41 So.3d 268 (2010)

UNITED AUTOMOBILE INSURANCE COMPANY, Petitioner, v. Nohemi GAITAN, Respondent.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing En Banc Denied August 5, 2010.


Attorney(s) appearing for the Case

Thomas L. Hunker, Miami, and Lara J. Edelstein, for petitioner.

Marlene S. Reiss, for respondent.

Before, RAMIREZ, C.J., and GERSTEN, J., and SCHWARTZ, Senior Judge.


RAMIREZ, C.J.

United Automobile Insurance Co., the insurer, seeks certiorari review of a decision issued by the Circuit Court of the Eleventh Judicial Circuit sitting in its appellate capacity. This decision reversed a summary judgment, and remanded the case for the county court to determine whether respondent, Nohemi Gaitan, reasonably refused to attend a chiropractic medical examination. We deny the petition because the circuit court did not depart from the essential...

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