10 Fla. L. Weekly Supp. 438a
Insurance — Small claims — Motion to dismiss or for more definitive statement due to medical provider’s failure to identify dates of service or attach medical bills denied — Motion to invoke rules of civil procedure granted
PHYSICAL MEDICINE CENTER, INC., (as assignee of Antonio Hernandez), Plaintiff, vs. NATIONWIDE MUTUAL FIRE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 03-2630-SC. Division H. April 22, 2003. Daniel E. Gallagher, Judge. Counsel: Timothy A. Patrick, Timothy A. Patrick, P.A., Tampa. Crystal L. Eiffert.
ORDER ON DEFENDANT’S MOTION TO DISMISS, ORIN THE ALTERNATIVE, FOR MORE DEFINITESTATEMENT AND DEFENDANT’S MOTION TO INVOKE RULES OF CIVIL PROCEDURE
THIS CAUSE having come before the Court on April 9, 2003 on Defendant’s Motion to Dismiss, or in the Alternative, for More Definite Statement and Defendant’s Motion to Invoke Rules of Civil Procedure. The court having heard argument from counsel and being otherwise fully advised in the premises, it is ORDERED and ADJUDGED as follows:
1. Defendant stated in its Motion that Plaintiff has failed to identify the dates of service for which it seeks payment and further did not attach the medical bills; therefore, Defendant’s Motion to Dismiss, or in the Alternative, for More Definite Statement is hereby Denied.
2. Defendant’s Motion to Invoke all Rules of Civil Procedure is hereby Granted.
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