Cathy Menendez was injured in an automobile accident. She later sued her insurer, alleging she had been denied benefits under her personal injury protection coverage. The trial court denied Progressive's renewed motion for summary judgment and granted Ms. Menendez's motion for partial summary judgment, ruling that she was not required to comply with a statutory presuit notice requirement. Progressive appealed the trial court's summary judgment ruling. The Third District Court of Appeal concluded that whether the statute applied involved a material disputed issue of fact. The 3rd DCA remanded the case back to the trial court to resolve the factual dispute. This appeal followed.