First District Court of Appeal to Hear Challenge to Personal Injury Protection Reform Law

Apr 25, 2013


The First District Court of Appeal (“First DCA”) today, April 25, 2013, accepted jurisdiction in the ongoing litigation challenging the constitutionality of Florida’s 2012 Personal Injury Protection (“PIP”) reform law and ordered plaintiffs to respond within 10 days as to why the First DCA should let stand an April 17 trial court order temporarily blocking certain provisions of the law while the case goes through the appellate process.

The April 17 order by Judge Terry Lewis of the Second Circuit Court of Leon County lifted an automatic stay of his March 2013 Temporary Injunction in which he found that sections of the law requiring a finding of emergency medical condition as a prerequisite for payment of PIP benefits or prohibiting payment of benefits for services provided by acupuncturists, chiropractors and massage therapists are unconstitutional. 

Citing issues with the specificity of the Temporary Injunction, the OIR appealed to the First DCA, which, after questioning whether it had jurisdiction in the matter, today agreed to hear the case.  The OIR is expected to file initial briefs by May 6.

Colodny Fass& Webb will continue to monitor and provide updates on developments in this case.


Should you have any questions or comments, please contact Colodny Fass& Webb.



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