Legal Opinion · Dissent

State Farm Mutual Automobile Insurance Company v. Figler Family Chiropractic, P.A., a/a/o Linda Manners

District Court of Appeal of Florida

Decided March 30, 2016No. 4D4D15-2716Published

1DissentKlingensmith, J.

I dissent from the majority’s opinion.

The record shows that in February 2013, State Farm Mutual Automobile Insurance Company submitted to the cpunty court a Notice of Filing Peer Review Report of Dr. Michael Mathesie, D.C. (the “February Notice”), indicating that State Farm intended to rely upon attached documents “for any purpose permitted pursuant to the Florida Rules of Civil Procedure and Florida Evidence Code.” State Farm attached to the February Notice an affidavit of Dr. Mathesie as well as a report he prepared based upon a medical records review.

In both his affidavit and report, Dr.…

2Cases cited10 opinions

  1. Singletary v. StateSupreme Court of Florida · 1975
  2. Wilson v. SalamonSupreme Court of Florida · 2005
  3. Aery v. Wallace Lincoln-Mercury, LLCDistrict Court of Appeal of Florida · 2013
  4. Chemrock Corp. v. Tampa Electric Co.Supreme Court of Florida · 2011
  5. Gewin v. TCF Asset Management Corp.Supreme Court of Alabama · 1995

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