10 Fla. L. Weekly Supp. 547c
Insurance — Standing — Assignment — Plaintiff medical provider has no standing to proceed in action where attachment to complaint assigns benefits to different medical provider — Action dismissed with leave to amend
DIAGNOSTIC IMAGING CONSULTANTS, as assignee of Dana Holmes, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 03-2124-SC/Division I. May 1, 2003. Charlotte W. Anderson, Judge. Counsel: Gale L. Young, Gale L. Young, P.A., Tampa, Joseph D. Hunt.
AGREED ORDER ON DEFENDANT’S MOTION TO DISMISS
THIS CAUSE, having come on before this Court on the Defendant’s Motion to Dismiss, and the parties having agreed to the dismissal of this action in lieu of a hearing on the matter, with leave for Plaintiff to amend its Complaint, and being otherwise duly advised in the premises, it is thereupon
ORDERED AND ADJUDGED that Defendant’s Motion to Dismiss is GRANTED. Plaintiff, Diagnostic Imaging Consultants, has no standing to proceed in an action against Defendant where the attachment to Plaintiff’s Complaint purports to assign benefits under the contract of insurance to Richard A. Leverone, D.C., D.A.C.B.R., P.A. Plaintiff’s Complaint fails to state a cause of action. This action is dismissed with leave to amend Plaintiff’s Complaint within ten (10) days of the date of this order.
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