18 Fla. L. Weekly Supp. 615c
Online Reference: FLWSUPP 1807LJAC
Insurance — Personal injury protection — Declaratory actions — Motion to dismiss complaint for declaratory judgment on grounds that it fails to present current case or controversy, that medical provider/assignee failed to join assigno,r and that complaint is attempt to circumvent demand letter condition precedent for PIP suit is denied
BACK ON TRACK, LLC, d/b/a FLORIDA ACCIDENT AND INJURY CENTER, as assignee of Laquita Jackson, Plaintiff, vs. FIRST ACCEPTANCE INSURANCE COMPANY, INC., Defendant. County Court, 6th Judicial Circuit in and for Pinellas County, Civil Division. Case No. 10-8690-CO-40. April 26, 2011. Honorable Edwin Jagger, Judge. Counsel: Andrew D. Reeder, Reeder & Nussbaum, P.A., St. Petersburg, for Plaintiff. Randall A. Wainoris, Dutton Law Group, Tampa, for Defendant.
ORDER ON DEFENDANT’S MOTION TO DISMISS
THIS MATTER having come before this Court on April 15, 2011 on Defendant’s Motion to Dismiss Plaintiff’s Complaint for declaratory judgment on the bases that:
A.) The Plaintiff fails to present a current case or controversy before this Court since the declaration sought cannot, by definition, affect any of the rights of the parties;
B.) That the Plaintiff failed to join an indispensable party to this lawsuit (i.e. the assignor); and
C.) That this lawsuit is brought merely to obtain a declaratory judgment in the Plaintiff’s favor which the Plaintiff will no doubt attempt to use as a vehicle to file a subsequent action for PIP benefits in clear violation of Florida Statutes, Section 627.736(15), and that the Plaintiff has filed this action as a mere attempt to circumvent Florida Statutes, Section 627.736 (10) by claiming that this is a dec action when in fact is a mildly disguised PIP suit/breach of contract action labeled as a dec action;
and this Court being otherwise fully advised in the premises, it is hereby,
ORDERED AND ADJUDGED that:
1.) Defendant’s Motion to Dismiss is DENIED.
2.) Defendant shall have twenty (20) days from the date of this Order to answer the Complaint.
