Legal Opinion

Long v. AvMED, INC.

District Court of Appeal of Florida

Decided July 8, 2009No. 1D08-5899PublishedCited by 5 opinions

1Opinion of the CourtHawkes, C.J.

Melissa Long brought a complaint against her HMO — AvMed—in which she requested injunctive relief and attorney’s fees due to AvMed’s refusal to provide coverage for a certain medical treatment. During the subsequent filings and hearing, Long admitted AvMed had agreed to pay for the treatment prior to the filing of the complaint, meaning she did not actually require injunctive relief at the time the suit was filed. The trial court dismissed the claims for injunctive relief and attorney’s fees with prejudice. It emphasized the request for injunctive relief was merely a pretext, and that the…

2Cases cited3 opinions

  1. Boca Burger, Inc. v. ForumSupreme Court of Florida · 2005
  2. Wendy's of NE Florida, Inc. v. VandergriffDistrict Court of Appeal of Florida · 2003
  3. Gopman v. DEPARTMENT OF EDUC.District Court of Appeal of Florida · 2008

3Cited by5 opinions

  1. Martin County Conservation Alliance v. Martin CountyDistrict Court of Appeal of Florida · 2011
  2. Sullivan v. SullivanDistrict Court of Appeal of Florida · 2010
  3. Kelley v. StateDistrict Court of Appeal of Florida · 2009
  4. Kelley v. StateDistrict Court of Appeal of Florida · 2009
  5. Ospina Garrido v. Miami-Dade Police DepartmentDistrict Court of Appeal of Florida · 2015

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