12 Fla. L. Weekly Supp. 152b
Insurance — Personal injury protection — Demand letter — Case is stayed until medical provider submits proper demand letter and insurer is given prescribed deadline for response
PONTE VEDRA CHIROPRACTIC MEDICINE & P.T., INC., as assignee of Kelly Parker, Plaintiff, vs. PROGRESSIVE AUTO PRO INSURANCE COMPANY, Defendant. County Court, 7th Judicial Circuit in and for St. Johns County, Small Claims Court. Case No. SP03-2583, Division 65. November 8, 2004. Patti A. Christensen, Judge. Counsel: David G. Candelaria, Farah, Farah & Abbott, P.A., Jacksonville. Jason C. Taylor.
ORDER
THIS CAUSE coming before the Court upon “Defendant’s Motion For Final Summary Judgment” and the Court having heard the argument of both counsel, and having considered relevant Florida law, it is hereby ORDERED AND ADJUDGED:
1. This file shall remain open and the action stayed until such time as the Plaintiff submits a “demand letter” compliant with this Court’s interpretation with Fla. Stat. § 627.736(11) (2003), and the Defendant is given the statutorily prescribed deadline to respond to said “demand letter.”
2. If the Defendant pays the claim within the deadline, then it will not be subject to an award of attorney’s fees.
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