12 Fla. L. Weekly Supp. 888a
Insurance — Personal injury protection — Compliance with fictitious name law after filing lawsuit — Period of abatement is appropriate to allow insurer to decide whether to pay disputed sum without liability for attorney’s fees and costs
MANDELL CHIROPRACTIC CENTRE (a/a/o Suzanna Latouche), Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 05-420 COCE 53. March 16, 2005. Robert W. Lee, Judge. Counsel: Stacey A. Giulianti, Hollywood, for Plaintiff. Matt Hellman, Matt Hellman, P.A., Plantation, for Defendant.
ORDER DENYING DEFENDANT’S AMENDED MOTION FOR SUMMARY JUDGMENT
THIS CAUSE came before the Court on March 14, 2005 for hearing of the Defendant’s Amended Motion for Summary Judgment, and the Court’s having reviewed the Motion and entire Court file; heard argument; reviewed the relevant legal authorities; and been sufficiently advised in the premises, the Court finds as follows:
The Motion for Summary Judgment is DENIED. Fla. Stat. §865.09(9)(a); Medsen Development, Inc. v. Bryant, 376 So.2d 423, 423 (Fla. 3d DCA 1979). However, because the Plaintiff complied with the fictitious name law after filing this lawsuit, a period of abatement is appropriate to allow Defendant to decide whether to pay the disputed sum without liability for attorney’s fees and costs. See Jackson v. Jones, 423 So.2d 972, 973 (Fla. 4th DCA 1982).
Therefore, this cause is abated until April 6, 2005 to provide the Defendant an opportunity to pay the claim without liability for fees and costs. The Clerk is hereby directed not to close this file pending the short abatement.
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