10 Fla. L. Weekly Supp. 921a
Insurance — Plaintiff, who was insured’s purported assignee, lacked standing to sue where benefits were exhausted before suit was filed
ARMENIA SPINE CENTER, INC., as assignee of Deborah Wells, Plaintiff, vs. SOUTHERN GROUP INDEMNITY, INC., Defendant. County Court, 12th Judicial Circuit in and for Sarasota County, Small Claims Division. Case No. 2001-SC-012568-NC. September 24, 2003. Judith M. Goldman, Judge. Counsel: Gale L. Young, Gale L. Young, P.A., Tampa. Scott Hunter.
ORDER GRANTING DEFENDANT’S MOTION FORSUMMARY JUDGMENT AND ENTERING FINAL JUDGMENTIN FAVOR OF SOUTHERN GROUP INDEMNITY, INC.
THIS CAUSE, having come on before this Court on September 4, 2003, upon the Defendant’s Motion for Summary Judgment, and the Court having heard argument of counsel for the respective parties, and being otherwise duly advised in the premises, it is thereupon,
ORDERED AND ADJUDGED that Defendant’s Motion for Summary Judgment is granted. The court finds that benefits exhausted before Plaintiff filed suit and therefore Plaintiff has no standing to proceed as a purported assignee of Deborah Wells. In light of the court’s ruling on this threshold issue, the Court need not address the remaining issues in Defendant’s Motion for Summary Judgment regarding the existence of a legally sufficient assignment, or whether Deborah Wells was permitted to assign her benefits under Defendant’s policy where the policy specifically precludes an assignment without the written consent of the insurer.
Final Judgment is hereby entered in favor of Defendant, Southern Group Indemnity, Inc. Plaintiff shall take nothing by this action and Defendant, Southern Group Indemnity, Inc., shall go hence without day.
The Court reserves jurisdiction to determine Defendant’s entitlement to attorney’s fees pursuant to Florida Statutes, §57.105 and the amount, and other relief as the court deems just and proper.
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