11 Fla. L. Weekly Supp. 1087a
Insurance — Personal injury protection — Standing — Assignment — Where assignment was executed after suit was filed, medical provider lacked standing when suit was filed — Standing via amended complaint does not relate back to filing of suit — Demand letter — Amended complaint identifying second accident and claim number is separate cause of action which requires demand letter and, in absence of demand letter, provider has not obtained standing or met conditions precedent to suit — Amended complaint dismissed with prejudice
COMPLETE CARE CLINIC, INC., a/a/o WILLIAMS, ABNER, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 04-CC-000376, Division I. August 25, 2004. Charlotte W. Anderson, Judge. Counsel: Susan L. Lawson, Lawson & Associates, P.A., Tampa, for Plaintiff. David B. Kampf, Ramey, Ramey & Kampf, P.A., Tampa, for Defendant.
ORDER ON STATE FARM’S MOTION TO DISMISS PLAINTIFF’S AMENDED COMPLAINT
THIS CAUSE came before the Court on August 5, 2004 on Defendant’s Motion to Dismiss Plaintiff’s Amended Complaint, and having reviewed the file and being otherwise advised in the premises, it is:
ORDERED and ADJUDGED that:
1. State Farm’s Motion to Dismiss Plaintiff’s Amended Complaint and Motion for More Definite Statement shall hereby be granted. This court hereby dismisses this matter with prejudice based on the fact that the assignment of benefits relied on by Plaintiff was executed after the filing of suit. Therefore, Plaintiff did not have standing at the time suit was filed and that standing via the Amended Complaint does not relate back to the filing of the lawsuit.
2. This court reserves jurisdiction to address attorneys’ fees and costs.
3. This court further finds that the Amended Complaint identifying a second automobile accident and second claim number is a separate cause of action which requires Plaintiff to comply with Florida Statute 627.736(11). Plaintiff’s failure to submit or even allege that Plaintiff has complied with the statute via the filing of a 15-day demand letter means Plaintiff has not obtained standing or met the conditions precedent to filing suit. Thus, State Farm’s Motion to dismiss as to such grounds shall hereby be granted with prejudice.
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