11 Fla. L. Weekly Supp. 1084b
Insurance — Personal injury protection — Stay of proceedings granted after entry of summary judgment in favor of insurer is vacated where there is no civil procedure rule allowing for stay of proceedings, and no appeal can be taken by medical provider because more than 30 days has passed since entry of summary judgment and motion for stay does not toll time for taking appeal
TAMPA MEDICAL & REHAB CARE, LLC, As assignee of LINDY ORTEGA, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims — Civil Division. Case No. 2002-30992 SC, Division K. August 9, 2004. Eric R. Myers, Judge. Counsel: William Saron. Scott W. Dutton, Haas, Dutton, Blackburn, Lewis & Longley, Tampa, for Defendant.
ORDER GRANTING DEFENDANT’S MOTION TO REHEAR, RECONSIDER OR LIFT STAY
This matter came on to be heard on August 2, 2004 on DEFENDANT, PROGRESSIVE EXPRESS INSURANCE COMPANY’S Motion to Rehear, Reconsider or Lift Stay, and after reviewing the court files, and considering argument of counsel it is Ordered and Adjudged:
1. This case involves a dispute over personal injury protection benefits.
2. During the course of litigation, the Defendant moved for Summary Judgment on the issue of exhaustion of benefits.
3. The exhaustion benefits issue came on to be heard by the Court on March 30, 2004.
4. After hearing argument of counsel, this Court granted the Defendant’s Motion for Summary Judgment and entered a Judgment in the Defendant’s favor on April 22nd, 2004.
5. Thirty days has run since the entry of this Summary Judgment.
6. On April 28, 2004, the Plaintiff served a Motion to Stay Proceedings.
7. The Motion for Stay came on to be heard on May 17, 2004, before the Honorable David Seth Walker, presiding in this Court’s absence.
8. After hearing brief argument of counsel, the Court granted the Plaintiff’s Motion to Stay.
9. This Court entered an Order granting the Stay on June 10, 2004.
10. Defendant requested this Court to Rehear or Reconsider or otherwise vacate the stay for the following reasons:
11. First of all, there is no rule of civil procedure that allows for a stay of proceedings.
12. Secondly, and importantly, now that 30 days has run from the time judgment was entered for the Defendant, there can be no appeal taken by the Plaintiffs.
13. The Defendant argues that the motion to stay is not a motion, under either Rules of Civil Procedure or the Appellate Rules that tolls the time for taking an appeal.
14. Accordingly, the Defendant respectfully requested this Court to lift or remove the stay granted by Judge Walker and to allow matters to proceed on the Defendant’s Motion to Tax Fees and Costs in accordance with their Proposal for Settlement.
WHEREFORE, the Defendant’s motion is GRANTED, and the “stay” granted by Judge Walker and entered by this Court on June 10, 2004 is hereby lifted or vacated. The Court reserves jurisdiction to consider the issue of fees, and costs to include the Defendant’s Motion to Tax Fees and Costs in accordance with their Proposal for Settlement.
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