13 Fla. L. Weekly Supp. 374b
Insurance — Personal injury protection — Final judgment — Partial summary judgment — Rule 1.510 does not authorize entry of final judgment as to previously granted partial summary judgment on claim for one date of service while claim for other date of service remains pending
FRANCISCO M. GOMEZ, M.D., P.A., as assignee of NATHAN WALTERS, Plaintiff/Counter-Defendant, vs. PROGRESSIVE AUTO PRO INSURANCE COMPANY, Defendant/Counter-Plaintiff. County Court, 13th Judicial Circuit, Hillsborough County, Civil Division. Case No. 03-SC-005078, Division J. January 20, 2006. Elizabeth G. Rice, Judge. Counsel: Timothy A. Patrick, Timothy A. Patrick, P.A., Tampa, for Plaintiff. Jeffrey R. Davis, Kingsford & Rock, P.A., Tampa, for Defendant.
ORDER DENYING PLAINTIFF’S MOTION FOR ENTRY OF FINAL JUDGMENT
THIS CASE came before the Court for hearing on January 17, 2006, on the Motion for Entry of Final Judgment (“Motion”) filed in this case by the plaintiff, FRANCISCO M. GOMEZ, M.D., P.A., as assignee of NATHAN WALTERS (“Plaintiff”), against the defendant PROGRESSIVE EXPRESS INSURANCE COMPANY (“Defendant”). Timothy A. Patrick, counsel for Plaintiff, and Jeffrey R. Davis, counsel for Defendant, were present. The Court having considered the Motion, together with the record; having heard argument of counsel; having reviewed the legal authorities supplied by the parties; and otherwise being fully advised in the premises, it is
ORDERED as follows:
1. Plaintiff’s Motion is DENIED. Unlike its federal counterpart, Florida Rule of Civil Procedure 1.510 does not authorize the entry of a partial summary judgment as a final judgment. Fla. R. Civ. P. 1.510 (2005); Florida Web Printing, Inc. v. Impact Advertising, Inc., 725 So. 2d 884 (Fla. 2d DCA 1998); Bourne v. Barnett Nat’l Bank of St. Petersburg, N.A., 361 So. 2d 445 (Fla. 2d DCA 1978); petn. for rev. denied, 385 So. 2d 1370 (Fla. 1980); see Fountainbleau Hotel Corp. v. Jack Young, 162 So. 2d 303 (Fla. 1964).
2. Accordingly, this Court is without authority to enter a final judgment as to Plaintiff’s claims on CPT Code 99245 in the amount of $221.22 and CPT Code 72100 in the amount of $15.20 for date of service November 21, 2002, for which this Court previously granted summary judgment in favor of Plaintiff on December 22, 2005, as long as Plaintiff’s claim on CPT Code 72040 in the amount of $5.60 for date of service of November 21, 2002, remains pending of record.
