10 Fla. L. Weekly Supp. 642b
Insurance — Dispute between medical provider and insurer — Standing — Assignment — Complaint is dismissed with prejudice where assignment attached to complaint assigns benefits to legal entity separate from plaintiff medical provider — Attorney’s fees — Insurer’s proposal for settlement filed less than 90 days after filing of complaint is stricken and will not serve as basis for recovery of attorney’s fees and costs
FAMILY OPEN MRI, INC., as Assignee of Rosagne Rodriguez, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County. Case No. 03-1175-SC. May 22, 2003. Daniel E. Gallagher, Judge. Counsel: Peter Aare, Bradenton. David B. Kampf, Ramey Ramey & Kampf, Tampa.
ORDER GRANTING DEFENDANT’S MOTION TO DISMISSAMENDED COMPLAINT AND GRANTING PLAINTIFF’SMOTION TO STRIKE PROPOSAL FOR SETTLEMENT
This cause having come before the Court for hearing on Defendant’s Motion to Dismiss the Plaintiff’s Amended Complaint, and the Plaintiff’s Motion to Strike the Defendant’s Proposal for Settlement, on May 6, 2003, the Court being fully advised in the premises and having heard the argument of counsel for both Parties, it is hereby ORDERED and ADJUDGED that:
1. The Court finds that Family Open MRI and Family Open MRI, Inc. are two legally separate entities.
2. The document attached to the Plaintiff’s Complaint is not an Assignment of Benefits from the insured, Rosagne Rodriguez to Family Open MRI, Inc. and that as such, it is not enforceable by the Plaintiff;
3. Therefore, Defendant’s Motion to Dismiss the Plaintiff’s Amended Complaint is hereby GRANTED;
4. Plaintiff’s Amended Complaint shall be, and is hereby deemed, Dismissed without Prejudice.
5. The Court finds that a Proposal for Settlement to a plaintiff shall be served no earlier than 90 (ninety) days after the action has been commenced by the filing of a complaint;
6. The Defendant’s Proposal for Settlement was served upon the Plaintiff before 90 (ninety) days after the action had been commenced;
7. Therefore, the Plaintiff’s Motion to Strike the Defendant’s Proposal for Settlement is hereby GRANTED;
8. The Defendant’s Proposal for Settlement shall be, and is hereby deemed, STRICKEN;
9. The Defendant shall recover no attorney’s fees or costs from the Plaintiff or Plaintiff’s counsel pursuant to the instant Proposal for Settlement.
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