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MANDATE
FROM CIRCUIT COURT
APPELLATE DIVISION
ELEVENTH JUDICIAL CIRCUIT
MIAMI-DADE COUNTY, FLORIDA
CONSOLIDATED APPELLATE CASE #:09-065 AP AND 09-492 AP
UNITED AUTOMOBILE INSURANCE company” 4 AS d
vs. hs COE
~ oF Roe
FLORIDA INSTITUTE FOR PAIN, INC., a/a/o LITA ee
This cause having been brought to this Court by appeal, and after due consideration the court having
issued its opinion;
YOU ARE HEREBY COMMANDBD that such further proceedings be had in said cause in accordance
with the opinion of this COURT attached hereto and incorporated as part of this order, and with the rules of
procedure and laws of the STATE OF FLORIDA.
Lower Tribunal Case Number(s): 06-001293-CC 25
WITNESS the Honorable Mark King Leban, Administrative Judge of the Appellate Division of the
Circuit Court of the Eleventh Judicial Circuit of Florida and the seal of the said Circuit Court at Miami, this 23°?
day of August , 2012.
Mandate rev. 10/22/2008NOT FINAL UNTIL TIME EXPIRES
TO FILE REHEARING MOTION,
AND IF FILED, DISPOSED OF
IN THE CIRCUIT COURT OF THE
ELEVENTH JUDICIAL CIRCUIT, IN
AND FOR MIAMI-DADE COUNTY,
FLORIDA
UNITED AUTOMOBILE INSURANCE
COMPANY, A Florida Corporation,
APPELLATE CASE NUMBER
: 09-065
AP & 09-492 AP
Appellant,
LOWER COURT CASE NO:
06-001293 CC 25
v.
FLORIDA INSTITUTE FOR PAIN, INC.,
Ba
Sm
zo
8
1D
A/A/O LITA CHAVIS 7 34
23
Appellee. coe 2
/ 2 prod
= ae
Opinion filed: A 2012.
Schwartz, J.
On appeal from a decision rendered by the Miami-Dade County Court, Jacqueline
Lara J. Edelstein, of the Office of the General Counsel of United Automobile
Insurance Company, for Appellant.
Jose R. Iglesia of Jose R. Iglesia and Associates and Chelin V. Sampedro, for
Appellee.
AJ ALLE
Before EIG, ZABEL and REBULL, JJ. Sk,
“if SPENCER EG
cR
PER CURIAM
Ce
~~ This is an appeal from a final summary judgm
favor of the Plaintiff-Appellee, Florida Institute of Pain, Inc. (‘Florida Institute of Pain”),
The summary judgment addressed the issue of reasonableness, relatedness and necessity(*RRN”) of medical treatment it provided as assignee of Ms. Chavez's personal injury
protection benefits. Defendant-Appellant, United Automobile Insurance Company
(“United Auto”) additionally appeals the award of attomey’s fees and costs to Florida
Institute of Pain.
On or about December 19, 2004, Lita Chavis (“Ms. Chavis”) was involved in a
motor vehicle accident. Chavis was an insured and beneficiary of a Personal Injury
Protection (“P.LP.”) policy issued by United Auto. Ms. Chavis sought treatment with
Manana De La Portilla, M.D. (“Dr. De La Portilla”) of the Florida Institute of Pain on
January 5, 2005 with complaints of severe pain and limitation of motion of her spine.
At the time of her initial visit on January 5, 2005, Ms. Chavez executed an
assignment of benefits (“AOB”), assigning her rights to pursue any PJP claims for Dr. De
La Portilla’s bills to the Florida Institute of Pain. The claim for compensation was
reported to United Auto on January 18, 2005. Florida Institute of Pain rendered treatment
to Ms. Chavis, from January 6, 2005 through April 26, 2005. On April 27, 2005, Dr. De
La Portilla conducted a final examination of Ms. Chavis and discharged her from care.
On March 7, 2005, United Auto received bills in the amount of $3,274.93 for
dates of service January, 5, 2005 through March 2, 2005. On April 11, 2005, United
Auto received bills in the amount of $1,165.24 for dates of service March 9, 2005
through April 5, 2005. United Auto sent Ms. Chavis for an Independent Medical
Examination (“I.M.E.”) with orthopaedic physician Peter H. Millheiser, M.D. (“Dr.
~~
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MANDATE FROM CIRCUIT COURT APPELLATE DIVISION ELEVENTH JUDICIAL CIRCUIT MIAMI-DADE COUNTY, FLORIDA CONSOLIDATED APPELLATE CASE #:09-065 AP AND 09-492 AP UNITED AUTOMOBILE INSURANCE company” 4 AS d vs. hs COE ~ oF Roe FLORIDA INSTITUTE FOR PAIN, INC., a/a/o LITA ee This cause having been brought to this Court by appeal, and after due consideration the court having issued its opinion; YOU ARE HEREBY COMMANDBD that such further proceedings be had in said cause in accordance with the opinion of this COURT attached hereto and incorporated as part of this order, and with the rules of procedure and laws of the STATE OF FLORIDA. Lower Tribunal Case Number(s): 06-001293-CC 25 WITNESS the Honorable Mark King Leban, Administrative Judge of the Appellate Division of the Circuit Court of the Eleventh Judicial Circuit of Florida and the seal of the said Circuit Court at Miami, this 23°? day of August , 2012. Mandate rev. 10/22/2008NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION, AND IF FILED, DISPOSED OF IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, IN AND FOR MIAMI-DADE COUNTY, FLORIDA UNITED AUTOMOBILE INSURANCE COMPANY, A Florida Corporation, APPELLATE CASE NUMBER : 09-065 AP & 09-492 AP Appellant, LOWER COURT CASE NO: 06-001293 CC 25 v. FLORIDA INSTITUTE FOR PAIN, INC., Ba Sm zo 8 1D A/A/O LITA CHAVIS 7 34 23 Appellee. coe 2 / 2 prod = ae Opinion filed: A 2012. Schwartz, J. On appeal from a decision rendered by the Miami-Dade County Court, Jacqueline Lara J. Edelstein, of the Office of the General Counsel of United Automobile Insurance Company, for Appellant. Jose R. Iglesia of Jose R. Iglesia and Associates and Chelin V. Sampedro, for Appellee. AJ ALLE Before EIG, ZABEL and REBULL, JJ. Sk, “if SPENCER EG cR PER CURIAM Ce ~~ This is an appeal from a final summary judgm favor of the Plaintiff-Appellee, Florida Institute of Pain, Inc. (‘Florida Institute of Pain”), The summary judgment addressed the issue of reasonableness, relatedness and necessity(*RRN”) of medical treatment it provided as assignee of Ms. Chavez's personal injury protection benefits. Defendant-Appellant, United Automobile Insurance Company (“United Auto”) additionally appeals the award of attomey’s fees and costs to Florida Institute of Pain. On or about December 19, 2004, Lita Chavis (“Ms. Chavis”) was involved in a motor vehicle accident. Chavis was an insured and beneficiary of a Personal Injury Protection (“P.LP.”) policy issued by United Auto. Ms. Chavis sought treatment with Manana De La Portilla, M.D. (“Dr. De La Portilla”) of the Florida Institute of Pain on January 5, 2005 with complaints of severe pain and limitation of motion of her spine. At the time of her initial visit on January 5, 2005, Ms. Chavez executed an assignment of benefits (“AOB”), assigning her rights to pursue any PJP claims for Dr. De La Portilla’s bills to the Florida Institute of Pain. The claim for compensation was reported to United Auto on January 18, 2005. Florida Institute of Pain rendered treatment to Ms. Chavis, from January 6, 2005 through April 26, 2005. On April 27, 2005, Dr. De La Portilla conducted a final examination of Ms. Chavis and discharged her from care. On March 7, 2005, United Auto received bills in the amount of $3,274.93 for dates of service January, 5, 2005 through March 2, 2005. On April 11, 2005, United Auto received bills in the amount of $1,165.24 for dates of service March 9, 2005 through April 5, 2005. United Auto sent Ms. Chavis for an Independent Medical Examination (“I.M.E.”) with orthopaedic physician Peter H. Millheiser, M.D. (“Dr. ~~