10 Fla. L. Weekly Supp. 828a
Insurance — Personal injury protection — Small claims — Proposal for settlement — Motion to invoke rule 1.442 is granted
FAMILY OPEN MRI a/a/o Lilia Isaza, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. SCO-03-6302. August 13, 2003. Jerry L. Brewer, Judge. Counsel: Robert Bartels. Donald Masten. Mitzi Archer. Mark Cornelius.
ORDER GRANTING DEFENDANT’S MOTION TO INVOKE FLORIDA RULE OF CIVIL PROCEDURE 1.442
THIS CAUSE, having come before the Honorable Jerry L. Brewer on July 29, 2003, upon Defendant’s Motion to Invoke Florida Rule of Civil Procedure 1.442, and after hearing arguments of counsel, the Court made the following factual determinations:
1. STATE FARM’s insured, Lilia M. Isaza, assigned her rights to Personal Injury Protection benefits to the Plaintiff, Family Open MRI. Thereafter, Family Open MRI, filed suit seeking payment of PIP benefits.
2. At the pre-trial conference, both the Plaintiff and the Defendant agreed to invoke all the Florida Rules of Civil Procedure except for Rule 1.442, however, the Defendant reserved the right to petition the Court to invoke said Rule.
3. Defendant filed its Motion to Invoke Florida Rule of Civil Procedure 1.442 on July 16, 2003 and set the same for hearing on July 23, 2003. Accordingly, it is hereby
ORDERED AND ADJUDGED as follows:
1. Defendant’s Motion to Invoke Florida Rule of Civil Procedure 1.442 is hereby GRANTED.
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