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Ortega v. United Automobile Insurance Co.3/26/2003
is remanded for further proceedings consistent with this Opinion.
Certiorari granted, opinion quashed.
WELLS, J., concurs.
SCHWARTZ, Chief Judge (specially concurring).
I agree with the result, but do so on grounds not directly related to the substantive issue discussed by the court. In my judgment, the carrier waived or was estopped to assert the alleged defect in the plaintiff's case (which was easily correctable merely by showing what should anyway be presumed: that the person who treated him was licensed to do so) by failing to raise the issue timely and properly in the trial court. See Fla.R.Civ.P. 1.120(c); Sobel v. Jefferson Stores, Inc., 459 So. 2d 433 (Fla. 3d DCA 1984).
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