ADVANCED DIAGNOSTIC GROUP a/a/o GLADYS SOTO v. DIRECT GENERAL INSURANCE COMPANY ( 2022 )

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.