12 Fla. L. Weekly Supp. 1091b
Insurance — Personal injury protection — Standing — Assignment — Where plaintiff medical provider did not have standing at time suit was filed due to prior assignment in favor of another medical provider, plaintiff cannot obtain standing based on reassignment of benefits subsequent to filing of suit — Motion to amend denied
ROSE RADIOLOGY CENTERS, INC. a/a/o David Hill, Plaintiff, vs. PROGRESSIVE AUTO PRO INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County. Case No. 04-25331, Division I. August 18, 2005. Charlotte W. Anderson, Judge. Counsel: Arthur Liebling, Safety Harbor, for Plaintiff. Randall A. Wainoris, Haas, Dutton, Blackburn, Lewis & Longley, P.A., Tampa, for Defendant.
ORDER DENYING PLAINTIFF’S MOTION FOR LEAVE TO AMEND
THIS CAUSE having come before the Court on August 8, 2005, on the Plaintiff’s Motion for Leave to Amend, and the Court having heard argument of counsel, having considered the authorities, and being otherwise fully advised in the premises, the Court makes the following findings:
1. Plaintiff’s Motion for Leave to Amend is DENIED.
2. This Court has ruled that Plaintiff did not have standing at the time suit was filed based on an assignment of benefits to Robert C. Nucci, M.D., P.A. [12 Fla. L. Weekly Supp. 1981a]
3. Standing is a condition precedent to filing suit.
4. The Court cannot obtain jurisdiction absent Plaintiff’s completion of that requirement.
5. Plaintiff cannot obtain standing subsequent to the filing of this lawsuit based on a reassignment of benefits from Dr. Nucci created subsequent to the filing of this suit.
* * *
