CUTLER BAY MEDICAL SERVICES, INC., Etc. v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

Third District Court of Appeal State of Florida Opinion filed November 17, 2021. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D21-145 Lower Tribunal Nos. 11-1854 SP, 20-138 AP ________________ Cutler Bay Medical Services, Inc., etc., Appellant, vs. State Farm Mutual Automobile Insurance Company, Appellee. An Appeal from the County Court for Miami-Dade County, Gloria Gonzalez-Meyer, Judge. David B. Pakula, P.A., and David B. Pakula (Pembroke Pines); Corredor & Husseini, P.A., and Maria E. Corredor, for appellant. Birnbaum, Lippman & Gregoire, PLLC, and Nancy W. Gregoire Stamper (Fort Lauderdale); Kirwan Spellacy Danner Watkins & Brownstein, P.A., and Christopher L. Kirwan and R. Ryan Smith (Fort Lauderdale), for appellee. Before FERNANDEZ, C.J., and EMAS and BOKOR, JJ. PER CURIAM.  Affirmed. Brown v. Estate of Stuckey, 749 So. 2d 490, 498 (Fla. 1999) (“If an appellate court determines that reasonable persons could differ as to the propriety of the action taken by the trial court, there can be no finding of an abuse of discretion.”); see also Philip Morris USA, Inc. v. Ledoux, 230 So. 3d 530, 537-38 (Fla. 3d DCA 2017) (finding no abuse of discretion and affirming the denial of motions for mistrial and for new trial based on both preserved and unpreserved objections). 2