10 Fla. L. Weekly Supp. 926d
Insurance — Assignment — Validity
TAMPA BAY INJURY CENTER, INC., (As Assignee of Nicholas Rabada), Plaintiff, vs. METROPOLITAN PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 2001-22948-SC-Div. J. July 22, 2002. Gaston J. Fernandez, Judge. Counsel: Gale L. Young, Gale L. Young, P.A., Tampa. Timothy A. Patrick.
ORDER GRANTING DEFENDANT’S MOTION FORSUMMARY JUDGMENT, AND DENYING PLAINTIFF’SCROSS MOTION FOR SUMMARY JUDGMENT
THIS CAUSE having come on for hearing on July 2, 2002 on Defendant’s Motion for Summary Judgment and Plaintiff’s Cross Motion for Summary Judgment, and the Court being fully advised in the premises, it is hereby,
ORDERED anal ADJUDGED that Plaintiff’s Cross Motion for Summary Judgment is DENIED and Defendant’s Motion for Summary Judgment is GRANTED. Plaintiff does not have a valid assignment of benefits from Nicholas Rabada. The Court finds that the Plaintiff’s “Exhibit ‘A’ ” attached to the Complaint and signed by Mary Rabada, does not give Plaintiff standing as an assignee of Nicholas Rabada. Additionally, no part of the document entitled “Direction to Pay,” which was signed by Nicholas Rabada,” can be considered as an assignment of benefits by Nicholas Rabada to Plaintiff.
Plaintiff has no standing to pursue this cause of action against Defendant and Summary Judgment shall be entered in favor of Defendant.
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