UNITED AUTOMOBILE INS. CO. v. PETER F. MERKLE, M.D., P.A., 35 Fla. L. Wkly D620a (Fla. 4th DCA Mar. 17, 2010)

In this insurance coverage dispute, the circuit court affirmed a county court judgment against the insurer on the basis that its opposing summary judgment expert affidavit contained “technical defects” (which are not identified in the opinion).  The Fourth District reversed because summary judgment may not be granted by reason of a technical defect in an affidavit unless the appellate court first provides leave to amend the affidavit, if requested by the non-movant.

UNITED AUTOMOBILE INS. CO. v. PETER F. MERKLE, M.D., P.A., 35 Fla. L. Wkly D620a (Fla. 4th DCA Mar. 17, 2010)