13 Fla. L. Weekly Supp. 830a
Insurance — Personal injury protection — Counterclaims — Fraud, unjust enrichment, negligent supervision and deceptive and unfair trade practices cannot be raised as counterclaims in action for breach of contract pursuant to section 627.736
FRANCISCO GOMEZ, M.D., P.A. as assignee of NATHAN WALTERS, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. PROGRESSIVE AUTO PRO INSURANCE COMPANY, Defendant/Counter-Plaintiff, vs. FRANCISCO M. GOMEZ, M.D., P.A. as assignee of NATHAN WALTERS, Plaintiff/Counter-Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 03-05078-SC. May 10, 2006. Gaston J. Fernandez, Judge. Counsel: Timothy A. Patrick, Timothy A. Patrick, P.A., Tampa. Steven D. Manno.
ORDER ON PLAINTIFF/COUNTER-DEFENDANT’S MOTION TO DISMISS FOR FAILURE TO STATE A CAUSE OF ACTION,OR, IN THE ALTERNATIVE, MOTION TO STRIKE
THIS CAUSE having come before this Honorable Court on Monday, April 24, 2006 on Plaintiff/Counter-Defendant’s Motion to Dismiss for Failure to State a Cause of Action, or, in the Alternative, Motion Strike, and after hearing argument of counsel and being fully advised in the premises herein, it is hereby
ORDERED AND ADJUDGED that Plaintiff/Counter-Defendant’s Motion to Dismiss for Failure to State a Cause of Action, or, in the Alternative, Motion to Strike is granted. This Court specifically finds that causes of action for fraud, unjust enrichment, negligent supervision and deceptive and unfair trade practices are not causes of action that can be raised as a counter-claim in an action for breach of contract pursuant to Florida Statute §627.736. It is further
ORDERED AND ADJUDGED that Plaintiff/Counter-Defendant’s Motion to Dismiss is granted with prejudice.
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