Michael Rosenberg and Adrianna de la Cruz-Muñoz of CSK’s Fort Lauderdale West office obtained an affirmance of a trial court’s order granting GEICO’s motion to dismiss Plaintiff’s action for declaratory relief. At the trial court, GEICO argued that Plaintiff’s action for declaratory relief failed to state a cause of action because the action for declaratory relief was in reality a disguised breach of contract action. While the Fourth District agreed with the provider that the trial court improperly concluded that 86.111 does not preclude the provider from seeking declaratory relief, the Fourth District agreed with GEICO’s argument that the provider’s argument was not preserved for appeal. The Fourth District also affirmed as to the remaining arguments without opinion.
Adrianna de la Cruz-Muñoz
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