12 Fla. L. Weekly Supp. 899a
Insurance — Personal injury protection — Summary judgment — Court cannot rule on medical provider’s motion for summary judgment on count for declaratory relief where discovery on issue of standing and assignment is incomplete
FLORIDA EMERGENCY PHYSICIANS as assignee of DEBRA BLAIR, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Seminole County. Case No. 04-SC-2217. June 2, 2005. John R. Sloop, Judge. Counsel: Christopher S. Reed. George Milev, Adams, Blackwell & Diaco, P.A., Tampa.ORDER
THIS CAUSE having come before the Court on May 17, 2005 on Defendant’s Motion to Continue Hearing on Plaintiff’s Motion for Summary Judgment on Count II , and the Court further having heard arguments by Plaintiff and Defendant and otherwise being fully advised in the premises, it is hereby ORDERED AND ADJUDGED:
1. Discovery is not completed on the issue of standing and assignment of benefits by Debra Blair.
2. The Court cannot enter ruling on Plaintiff’s action for declaratory relief prior to addressing the issue of standing raised by Defendant’s Motion for Summary Judgment.
3. Defendant’s Motion to Continue Hearing on Plaintiff’s Motion for Summary Judgment on Count II is hereby GRANTED.
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