12 Fla. L. Weekly Supp. 60a
Insurance — Personal injury protection — Coverage — Magnetic resonance imaging — “Medical Consumer Price Index for Florida” as used in section 627.736(5)(b)5 refers to Medical Care Item of Consumer Price Index for All Urban Consumers in South Region
OPEN MRI OF PINELLAS, INC., on assignment from Edward Richards, Plaintiff, vs. ATLANTA CASUALTY COMPANY, Defendant. Circuit Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 03-7721, Division C. April 19, 2004. Sam D. Pendino, Judge.
[Editor’s note: See 30 Fla. L. Weekly D1256c.]
ORDER GRANTING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT
THIS MATTER having come on before the Court on April 19, 2004, on the Plaintiff’s Motion For Partial Summary Judgment, the Court having heard argument of counsel, and being otherwise advised in this matter, it is:
ORDERED AND ADJUDGED that the Plaintiff’s Motion For Partial Summary Judgment is hereby GRANTED. The Court finds that the well settled controlling principles of statutory construction, as well as the undisputed material facts, demonstrate as a matter of law that the term “medical Consumer Price Index for Florida,” as used in Section 627.736(5)(b)5, Florida Statutes (2001), refers to, and/or must be construed to mean, the Medical Care Item of the Consumer Price Index for All Urban Consumers in the South Region as determined by the Bureau of Labor Statistics of the United States Department of Labor because, among other things, it is the only generally accepted consumer price index applicable for medical services most specific to the entire State of Florida.
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