12 Fla. L. Weekly Supp. 869b
Insurance — Personal injury protection — Standing — Assignment — Where medical provider referred to itself in complaint as successor in interest to dissolved corporation, attached assignment from insured to fictitious name cancelled by dissolved corporation, and failed to allege any assignment from dissolved corporation to provider, provider is granted leave to amend complaint to include allegations reflecting current registration of fictitious name and assignment of benefits to provider
JRA DIAGNOSTICS, INC., as assignee of Eva Lucien, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 48-2004-SC-9508-O. April 26, 2005. Antoinette Plogstedt, Judge. Counsel: Amanda Gifford, Payas, Payas & Payas, P.A., Orlando. Donald J. Masten, Rissman, Weisberg, Barrett, Hurt, Donahue & McLain, P.A., Orlando.
ORDER GRANTING DEFENDANT’SMOTION TO DISMISS
THIS CAUSE having come before the Court on April 12, 2005, on the Defendant’s Motion to Dismiss and the Court having reviewed evidence, heard argument of counsel, and being otherwise fully advised in the premises, it is
HEREBY ORDERED AND ADJUDGED, as follows:
The Defendant’s Motion to Dismiss is hereby granted without prejudice for the Plaintiff to file an Amended Complaint within 30 days of the date of this Order. This Court further finds, as follows:
1. Plaintiff has filed a cause of action as assignee of Eva Lucien for PIP benefits.
2. Plaintiff alleges that JRA Diagnostics, Inc., rendered services to Eva Lucien on April 23, 2001.
3. In the introductory paragraph to the Complaint that precedes the common allegations, Plaintiff refers to itself as a successor in interest to Hands for Health, Inc.
4. Plaintiff attaches an assignment to the Complaint as Exhibit 2. Exhibit 2 reflects an assignment from Eva Lucien to ROM DIAGNOSTICS.
5. Plaintiff fails to allege that ROM DIAGNOSTICS is a registered fictitious name in the State of Florida. Defendant contends, and Plaintiff does not dispute, that Hands for Health, Inc., a dissolved Florida Corporation, cancelled the registered fictitious name of ROM DIAGNOSTICS on November 6, 2002.
6. Further, in its Complaint, Plaintiff fails to allege any assignment of interest from Hands for Health, Inc., to Plaintiff.
7. Plaintiff is granted leave of Court to file an Amended Complaint within 30 days of the date of this Order. The Amended Complaint shall include allegations that reflect a currently registered fictitious name of ROM DIAGNOSTICS and an assignment of interest to Plaintiff.
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