Daniella Paez, Individually and as Personal Representative of the Estate of Elena Lucia Barrabi v. Saluscare, Inc.

Summary

The Sixth District Court of Appeal of Florida reviewed an appeal from a final judgment entered after the trial court granted summary judgment in favor of Saluscare, Inc. The court accepted Saluscare’s confession of error, reversed the final judgment, and remanded for further proceedings.

Holdings

1. The appellate court is not bound by an appellee’s confession of error, but may independently determine whether the alleged error occurred.
2. The trial court erred in granting summary judgment in favor of Saluscare.

Questions Presented

1. Whether the trial court erred by granting summary judgment in favor of Saluscare, Inc.
2. Whether the appellate court should accept Saluscare’s confession of error.

Disposition

reversed_and_remanded