10 Fla. L. Weekly Supp. 548a
Insurance — Personal injury protection — Insurer’s motion for summary judgment stricken without prejudice where material issues remain as to medical provider’s pending motion to compel discovery
DUKES CHIROPRACTIC HEALTH CLINIC, P.A., (As assignee of Mario Rubio), Plaintiff, v. ALLSTATE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 02-10322 SC. Division K. May 1, 2003. Eric R. Myers, Judge. Counsel: Timothy A. Patrick, Timothy A. Patrick, P.A., Tampa, for Plaintiff. Phil Yurecka, for Defendant.
ORDER GRANTING PLAINTIFF’S MOTION TO STRIKE AND DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
THIS CAUSE having come before the Court on March 24, 2003 on Plaintiff’s Motion to Strike Defendant’s Motion for Summary Judgment and Defendant’s Motion for Summary Judgment. Present before the court were Plaintiff’s counsel, Timothy A. Patrick, and Defendant’s counsel, Phil Yurecka, Esquire. The court after hearing argument of counsel and after review of the file makes the following findings.
It is ORDERED and ADJUDGED that inasmuch as material issues remain as to Plaintiff’s pending Motion to Compel Discovery, this matter is not ripe for summary judgment and PLAINTIFF’S MOTION TO STRIKE DEFENDANT’S MOTION FOR SUMMARY JUDGMENT IS HEREBY GRANTED. DEFENDANT’S MOTION FOR SUMMARY JUDGMENT IS HEREBY DENIED WITHOUT PREJUDICE.
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