Opinion
Case Nos. 3D00-1581, 3D00-2318
Opinion filed October 11, 2000. July Term, A.D. 2000
Writs of Certiorari to the Circuit Court for Dade County, Philip Bloom, Judge; Lower Tribunal No. 95-18684.
Sheftall Torres and Brian M. Torres; Zebersky Payne Kushner, for petitioners.
Rywant Alvarez Jones Russo; Hicks, Anderson Kneale, Ralph Anderson and Gary A. Magnarini; Weinstein, Bavly Moon and Albert Moon, for respondents.
Before JORGENSON, COPE, and RAMIREZ, JJ.
The petitioners in this consolidated appeal are medical providers who sued automobile insurers to recover personal injury protection (PIP) benefits on behalf of PIP claimants. The respective trial courts granted the respondents' motions to stay and compel arbitration pursuant to section 627.736(5), Florida Statutes, and denied the petitioners' subsequent motions for reconsideration. The petitioners seek certiorari review of those orders.
We grant certiorari and quash the orders below on the authority of Nationwide Mut. Fire Ins. Co. v. Pinnacle Medical Ins., 753 So.2d 55, 59(Fla. 2000) (holding the mandatory arbitration provision in section 627.736(5) unconstitutional as it denies medical providers access to courts).
Certiorari granted; orders quashed; remanded for further proceedings consistent with this opinion.