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STATE FARM v. BEST THERAPY CENTER

No. 3D10-2862.

69 So.3d 1059 (2011)

STATE FARM FIRE & CASUALTY INSURANCE COMPANY, INC., Petitioner, v. BEST THERAPY CENTER a/a/o David Valera, Respondent.

District Court of Appeal of Florida, Third District.

September 21, 2011.

Attorney(s) appearing for the Case

Conroy, Simberg, Ganon, Krevans, Abel, Lurvey, Morrow & Schefer and Hinda Klein , Hollywood, for petitioner.

Stuart B. Yanofsky , Plantation, for respondent.

Before SUAREZ, LAGOA, and SALTER, JJ.

SUAREZ, J.

State Farm Fire and Casualty Insurance Company ("State Farm") petitions for second tier certiorari review of a decision rendered by the Appellate Division of the Circuit Court. We have jurisdiction. Fla. R. App. P. 9.030(b)(2)(B); Custer Med. Cntr. v. United Auto. Ins. Co., 62 So.3d 1086 (Fla.2010). The circuit court upheld the trial court's decision to strike State Farm's affirmative defense of fraud on the morning...

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