ADVANCED DIAGNOSTIC GROUP a/a/o GLADYS SOTO v. DIRECT GENERAL INSURANCE COMPANY

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT

ADVANCED DIAGNOSTIC GROUP, a/a/o GLADYS SOTO,
Appellant,

v.

DIRECT GENERAL INSURANCE COMPANY,
Appellee.

No. 4D21-3568

[December 7, 2022]

Appeal from the County Court for the Seventeenth Judicial Circuit,
Broward County; Steven DeLuca, Judge; L.T. Case No. CONO21-017816.

Chad A. Barr of Chad Barr Law, Altamonte Springs, for appellant.

William J. McFarlane, III and Michael K. Mittelmark of McFarlane Law
McFarlane Dolan & Prince, Coral Springs, for appellee.

ON CONFESSION OF ERROR

PER CURIAM.

A provider, as the insured’s assignee, appeals an order dismissing its
complaint for breach of contract. The provider argues the trial court erred
in dismissing the provider’s complaint based on a declaratory judgment
issued in another case for which the provider neither received notice nor
participated.

The insurer has filed a Confession of Error. We therefore reverse and
remand the case to the trial court to vacate the order of dismissal.

Reversed and remanded.

MAY, GERBER and ARTAU, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.