10 Fla. L. Weekly Supp. 793a
Insurance — Personal injury protection — Bankruptcy — Where PIP lawsuit was listed as unsecured non-priority claim in defendant’s Chapter 7 bankruptcy action in which order of discharge has been entered, complaint is dismissed with prejudice
RANDY HALTIWANGER, Plaintiff, vs. BRUCE MIDDLETON, Defendant. Circuit Court, 2nd Judicial Circuit in and for Jefferson County. Case No. 00-106-CA. April 21, 2003. L. Ralph Smith, Jr., Judge. Counsel: Paul D. Srygley. Ted A. Avellone, Butler Pappas Weihmuller Katz Craig, LLP Tallahassee.
ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND ENTERING FINAL SUMMARY JUDGMENT
THIS CAUSE came on for hearing before the Court on March 24, 2003, on the Motion of Defendant, BRUCE MIDDLETON. The Court has considered defendant’s Motion to Dismiss/Motion for Summary Judgment, dated October 17, 2002, and all pleadings and exhibits filed to date, and after having entertained argument of counsel and being otherwise advised in the premises, the Court finds that there is no genuine issue as to any material fact and that the Defendant is entitled to judgment as a matter of law. It is therefore
ORDERED and ADJUDGED that:
1. A final summary judgment be and the same hereby is entered in favor of the Defendant, BRUCE MIDDLETON, against the Plaintiff, RANDY HALTIWANGER.
2. The final summary judgment entered in favor of the Defendant, BRUCE MIDDLETON, and against the Plaintiff, RANDY HALTIWANGER, is based upon the fact, Plaintiff, RANDY HALTIWANGER’S, personal injury lawsuit against Defendant, BRUCE MIDDLETON, was listed as an unsecured non-priority claim under Amended Schedule F in Defendant, BRUCE MIDDLETON’S, Chapter 7 bankruptcy case, Case Number 00-70323 H, United States Bankruptcy Court, Middle District of Georgia. Order of Discharge of Debtor entered July 12, 2000, and Final Decree entered May 29, 2002.
3. The Plaintiffs’ Complaint against Defendant, BRUCE MIDDLETON, is hereby dismissed with prejudice.
* * *
