10 Fla. L. Weekly Supp. 207a
Insurance — Personal injury protection — Coverage — Medical expenses — Amendments to paragraph (5)(b) of section 627.736, setting amounts to be charged for treatment and services, apply to treatment and services occurring on or after October 1, 2001
ADVANCED IMAGING GROUP, INC. (As assignee of ISRAEL PLACERES), Plaintiff, v. ALLSTATE INSURANCE COMPANY, An insurance company authorized to do business in Florida, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 2002-6768 SC, Division I. October 28, 2002. Charlotte Anderson, Judge. Counsel: Bradley Souders. William Anderson.
ORDER GRANTING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANT’S OR ETENUS MOTION FOR SUMMARY JUDGMENT
THIS CAUSE having come before the Court this October 7, 2002 to hearing Plaintiff’s Motion for Summary Judgment and Defendant’s Ore Tenus Motion for Summary Judgment and the Court having heard from respective counsel, having reviewed the record and otherwise being fully advised, it is hereupon:
ORDERED AND ADJUDGED the Court GRANTS Plaintiff’s Motion for Summary Judgment and the Court hereby enters final summary judgment in favor of Plaintiff, based on the plain language of the Act, Section 11 of Laws 2001 providing in paragraph three (3) stating:
(3) Paragraphs (4)(b), 5(b) and (c) and subsection (6) of Section 627.736, Florida Statutes, as amended by this Act and subsection (11) of Section 627.736, Florida Statutes, shall apply to treatment and services occurring on or after October 1, 2001, except that subsection (11) of section 627.736, Florida Statutes, shall apply to actions filed on or after the effective date of this Act with regard to a claim or amended claim or judgment for interest only which was not paid or was incorrectly calculated.
The Court notes the above language did not provide any exception for paragraph (5)(b), its subparts and/or (5)(b)(5) as it did for paragraph 11. Hence, the Court finds by the plain language that the legislature expressed the intent that the amendments to paragraph five (5)(b) of Section 627.736 apply to treatment and services occurring on or after October 1, 2001, as expressly provided by the language above.
Hence, the Court awards judgment for the Plaintiff against the Defendant for the amount of $272.00, plus prejudgment interest in the amount of $28.14, for a total amount of judgment of $300.14 to bear interest at 9% per year and for the sum to let execution issue and the Defendant go hence without day.
IT IS FURTHER ORDERED AND ADJUDGED the Court DENIES the Defendant’s Ore Tenus Motion for Summary Judgment.
IT IS FURTHER ORDERED AND ADJUDGED the Court reserves on the issue of Plaintiff’s attorney’s fees and costs.
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