12 Fla. L. Weekly Supp. 379a
Insurance — Personal injury protection — Coverage — Medical expenses — Medical provider — Where medical provider was not at time of treatment and is not presently properly registered fictitious name, provider is not able to sue any entity — Where provider was not and is not properly licensed to engage in or manage any business or profession in county or licensed with any governmental entity to perform medical treatment, any treatment was rendered unlawfully, and neither insurer nor insured are required to pay any charges
CELPA CLINIC, INC., (as assignee of Paolo Jaramillo), Plaintiff, v. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 03-18702-SC. Division “K”. January 26, 2005. Eric R. Myers, Judge. Counsel: Thomas P. Glenz, Luks, Santaniello, Perez, Petrillo, & Gold, Tampa. Timothy A. Patrick.
ORDER GRANTING DEFENDANT, UNITED AUTOMOBILE INSURANCE COMPANY’S MOTION FOR SUMMARY FINAL JUDGMENT AND MEMORANDUM OF LAW IN SUPPORT THEREOF
THIS MATTER, having come before the Court upon Defendant, UNITED AUTOMOBILE INSURANCE COMPANY’s Motion for Summary Final Judgment and Memorandum of Law in Support Thereof, on November 22, 2004, and after having heard argument of counsel for both parties, and the Court being otherwise fully advised in the premises, the Court finds:
1. CELPA CLINIC, INC., at the time of treatment relevant to this lawsuit, was not and still is not a properly registered fictitious name pursuant to Florida Statutes §865.09. See Florida Statutes §865.09(3), which states in relevant part, “A person may not engage in business under a fictitious name unless the person first registers the name with the division by filing a sworn statement listing. . .”
2. Accordingly, because CELPA CLINIC, INC. was not and is not a properly registered fictitious name pursuant to Florida Statutes §865.09, it is not able to sue any entity. See Florida Statute §865.09(9) which states in pertinent part, “(a) If a business fails to comply with this section, the business, its members, and those interested in doing such business may not maintain any action, suit, or proceeding in any court of this state until this section is complied with. An action, suit, or proceeding may not be maintained in any court of this state by any successor or assignee of such business on any right, claim, or demand arising out of the transaction of business by such business in this state until this section has been complied with.”
3. CELPA CLINIC, INC., at the time of treatment relevant to this lawsuit, was not and still is not properly licensed to engage in or manage any business or profession pursuant to Hillsborough County Ordinance §25-1. Hillsborough County Ordinance §25-1 states in relevant part, “[o]ccupational license taxes. No person shall engage in or manage any business, profession or occupation in Hillsborough County for which an occupational license tax is required by this chapter or other law of this state, unless a county license shall have been procured from the tax collector, as provided by this chapter or other law of this state. The license shall be issued to each person upon receipt of the appropriate license tax.”
4. Because CELPA CLINIC, INC. was not and is not properly licensed under Hillsborough County Ordinance §25-1, any treatment it rendered was rendered unlawfully for purposes of Florida Statutes §627.736(5)(d) which states in pertinent part, “[n]o statement of medical services may include charges for medical services of a person or entity that performed such services without possessing the valid licenses required to perform such services.”
5. CELPA CLINIC, INC., at the time of treatment relevant to this lawsuit was not and still is not properly licensed with any governmental entity whatsoever to perform any type of medical treatment as required by Florida Statutes §627.736(5).
6. Accordingly, because CELPA CLINIC, INC. was not properly licensed with any governmental agency at the time of treatment, that treatment was unlawful for purposes of Florida Statutes §627.736(5)(d) as indicated above.
7. Because the treatment was unlawful, neither UNITED AUTOMOBILE INSURANCE COMPANY, nor its insured are required to pay for any charges incurred by CELPA CLINIC, INC. while it was unlicensed; therefore, it is:
ORDERED AND ADJUDGED Defendant, UNITED AUTOMOBILE INSURANCE COMPANY’s Motion for Summary Final Judgment is GRANTED WITH PREJUDICE.
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