24 Fla. L. Weekly Supp. 106b
Online Reference: FLWSUPP 2402AYER
Insurance — Personal injury protection — Coverage — Medical expenses — Reasonableness of charges — Trial court did not err in entering summary judgment in favor of medical provider on issue of reasonableness of MRI charge where opposing affidavit failed to include amounts other providers charge and accept as full payment for MRI services and failed to provide facts establishing that affiant is qualified to render opinion on reasonableness of MRI charges
STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. HALLANDALE OPEN MRI, LLC A/A/O RICHARD AYER, Appellees. Circuit Court, 17th Judicial Circuit (Appellate) in and for Broward County. Case No. CACE 14-011565 (AP). L.T. Case No. CONO 13-02964. November 6, 2015. Appeal from the County Court of the 17th Judicial Circuit, Broward County. Steven P. DeLuca, Judge. Counsel: David C. Borucke, of Cole, Scott & Kissane, P.A., Tampa, for Appellant. Dean A. Mitchell, of Dean A. Mitchell Law, Ocala, for Appellee.
(PER CURIAM.) State Farm Mutual Automobile Insurance Company appeals the final judgment in favor of Hallandale Open MRI, LLC. Having carefully reviewed the briefs, the record, and the applicable law, this Court dispenses with oral argument and finds that the final judgment in favor of Appellee should be AFFIRMED as set forth below.
Provider presented sufficient evidence to establish the reasonableness of the charge before the trial court. In contrast, the Darrel Spell Affidavit fails to include any range of what other MRI providers charge for the same service during the time in question. The affidavit does not contain the amounts that other providers accepted as full payment for the charge involved. The affidavit fails to contain a factual basis to establish that Mr. Spell is qualified to give opinions on the MRI service charges. Mr. Spell’s affidavit has been rejected by a previous panel of this Court as well as the Fourth District Court of Appeal. See State Farm v. Fla. Wellness & Rehab., 23 Fla. L. Weekly Supp. 88a (Broward Cir. App. Div. 2015); See also State Farm Mut. Auto. Ins. Co. v. Pembroke Pines MRI, Inc., 171 So. 3d 814, 817 (Fla. 4th DCA 2015). Accordingly, the final judgment in favor of the plaintiff is hereby AFFIRMED.
Pursuant to Florida Rule of Appellate Procedure 9.400(a) and section 627.428, Florida Statutes, the Appellee is entitled to appellate attorney’s fees, and its motion for same is hereby GRANTED in an amount to be determined by the trial court upon REMAND. Appellants Motion for Attorney Fees is hereby DENIED. (ENGLANDER HENNING, TUTER and MURPHY, JJ., concur.)
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