DANIELLA PAEZ, INDIVIDUALLY AND AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ELENA LUCIA BARRABI v. SALUSCARE, INC.

S IXTH D ISTRICT C OURT OF APPEAL
S TATE OF FLORIDA
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Case No. 6D2024-2240
Lower Tribunal No. 23-CA-000867
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D ANIELLA P AEZ , I ndividually and as Personal Representative of the ESTATE OF
ELENA LUCIA B ARRABI , deceased,
Appellant,
v.
S ALUSCARE , I NC.,
Appellee.
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Appeal from the Circuit Court for Lee County.
James Shenko, Judge.
February 6, 2026
PER CURIAM.
Appellant appeals the final judgment entered following the trial court’s
granting of summary judgment in favor of Appellee. 	Appellee filed a confession
or error, and we agree that the trial court erred in granting summary judgment.1
Therefore, we accept the confession of error, reverse the final judgment, and
1 We are not bound by an appellee’s confession of error. Foster v. State, 395
So. 3d 127, 130 (Fla. 2024).

2
remand this case to the trial court for further proceedings consistent with this
opinion.
REVERSED and REMANDED.
TRAVER, C.J., and MIZE and KAMOUTSAS, JJ., concur.
Philip D. Parrish, of Philip D. Parrish, P.A., Miami, and Diana Santa Maria, of
Law Offices of Diana Santa Maria, P.A., Fort Lauderdale, for Appellant.
Michael R. D’Lugo, of Wicker Smith O’Hara McCoy & Ford, P.A., Orlando, for
Appellee.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING
AND DISPOSITION THEREOF IF TIMELY FILED