Central Magnetic Imaging Open MRI of Plantation, Ltd. v. First Floridian Auto & Home Insurance
Docket: No. 4D03-4116
Court: District Court of Appeal of Florida; June 1, 2005; Florida; State Appellate Court
Central Magnetic Imaging Open MRI of Plantation, Ltd. appeals a final summary judgment in favor of First Floridian Auto Home Insurance Company regarding unpaid Personal Injury Protection (PIP) benefits in a class action lawsuit. The appeal centers on the effective date of the amended statute that establishes fee schedules for MRI services, specifically Section 627.736(5)(b)5 of the Florida Statutes, amended by Chapter 2001-271 in 2001. This issue has already been resolved in a prior case by the Third District Court of Appeal (State Farm Mut. Auto. Ins. Co. v. W. Gables Open MRI Serv. Inc., 846 So.2d 538, Fla. 3rd DCA 2003). The court affirmed the lower court's decision, with Judges Warner, Klein, and Taylor concurring.