12 Fla. L. Weekly Supp. 370a
Insurance — Personal injury protection — Standing — Assignment — Where named plaintiff as originally filed and as in amended complaint are different from entity named in assignment, assignment does not confer standing on plaintiff — Summary judgment granted in favor of insurer
PREZIOSI WEST/EAST ORLANDO CHIROPRACTIC, P.A. o/b/o BENJAMIN TARANTUR, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 2003-CC-2900O. January 6, 2005. Leon B. Cheek, III, Judge. Counsel: Rutledge Bradford, Orlando. Paul B. Fulmer, Rissman, Weisberg, Barrett, Hurt, Donahue & McLain, P.A., Tampa.
ORDER
THIS CAUSE having come before the Honorable Leon Cheek, III on November 22, 2004, upon Defendant’s, PROGRESSIVE EXPRESS INSURANCE COMPANY, Motion for Summary Judgment, and the Court having been fully advised in the premises, it is hereby
ORDERED AND ADJUDGED as follows:
1. This case was originally filed as East Orlando, Chiropractic, on behalf of Benjamin Tarantur.
2. The named Plaintiff as originally filed, East Orlando Chiropractic, never existed as a proper fictitious business nor as a registered corporation.
3. The Court granted Plaintiff’s Motion to Amend the Complaint to Preziosi West/East Orlando Chiropractic Clinic, P.A. because it was a corporation that did business at the time of the date of service at issue.
4. The Assignment of Benefits attached to the Complaint was for Vincent Preziosi, D.C./C.V. Rehabilitation, and was signed by Benjamin Tarantur on May 31, 2002.
5. The named Plaintiff, as originally filed and as to the amended name, was different from the entity in the assignment attached to the Complaint.
6. The Assignment of Benefits to Vincent Preziosi, D.C./C.V. Rehabilitation does not give standing to Vincent Preziosi, D.C.’s current corporation, Preziosi West/East Orlando, Chiropractic Clinic, P.A. It is therefore,
ORDERED AND ADJUDGED that the Defendant’s Motion for Summary Judgment is hereby GRANTED.
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