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HESS SPINAL & MEDICAL CENTER, INC., on behalf of RUDY VILLAFANE, Plaintiff, vs. SOUTHERN GROUP INDEMNITY, INC., Defendant.

11 Fla. L. Weekly Supp. 338b

Insurance — Personal injury protection — Discovery — PIP payout log

HESS SPINAL & MEDICAL CENTER, INC., on behalf of RUDY VILLAFANE, Plaintiff, vs. SOUTHERN GROUP INDEMNITY, INC., Defendant. County Court, 6th Judicial Circuit in and for Pinellas County. Case No. 522003SC004013XXSCSC. REF: 03-004013-SC-045. January 30, 2004. Walt Fullerton, Judge.

ORDER UPON PROTECTION/COMPEL(PIP PAYOUT LOG)

Defendant, SOUTHERN GROUP INDEMNITY, INC., seeks protection from providing the PIP Payout Log, while Plaintiff, HESS SPINAL & MEDICAL CENTER, INC., moves to compel production of the same document. Following January 30, 2003 argument of counsel, the Court considered the matter and finds that:

Because, in this case, Plaintiff seeks a Declaratory Judgment concerning the PIP Payout Log, Defendant’s objection to producing that document through discovery is well taken.

Under these unique circumstances, Defendant shall not be required to produce the PIP Payout Log. Plaintiff’s Motion to Compel is denied. Defendant’s Motion for Protective order is granted.

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