
    Rosalba RUIZ, Appellant, v. AMERICAN STRATEGIC INSURANCE, ETC., Appellee.
    No. 5D12-648.
    District Court of Appeal of Florida, Fifth District.
    Dec. 28, 2012.
    Ralph B. Leemis of Neilson and Associates, P. A., Orlando, for Appellant.
    Jonathan D. Franklin and Steven A. Colsky of Franklin Legal Group, P. A., Miami, for Appellee.
   PER CURIAM.

Pursuant to Appellee’s Confession of Error, the circuit court’s January 20, 2012 Order Granting Motion to Dismiss with Prejudice is reversed as to Counts I and II, and this cause is remanded to the circuit court for further proceedings. . Appellant’s July 6, 2012 Motion for Appellate Attorneys’ Fees is provisionally granted conditioned upon Appellant prevailing in the litigation.

REVERSED and REMANDED.

TORPY, JACOBUS and BERGER, JJ., concur.  