13 Fla. L. Weekly Supp. 138a
Insurance — Personal injury protection — Declaratory judgment — Dismissal — Amended complaint that is improper collective pleading and request for advisory opinion
PROGRESSIVE EXPRESS INSURANCE COMPANY, PROGRESSIVE AMERICAN INSURANCE COMPANY, PROGRESSIVE CONSUMERS INSURANCE COMPANY, and PROGRESSIVE AUTO PRO INSURANCE COMPANY, Plaintiff, vs. ALL FAMILY CLINIC OF DAYTONA BEACH, INC. d/b/a FLORIDA MEDICAL ASSOCIATES, Defendant (s). Circuit Court, 7th Judicial Circuit in and for Volusia County. Case No. 2005 30525 CICI. September 6, 2005. J. David Walsh, Judge. Counsel: Susan W. Tolbert, Susan W. Tolbert, P.L., Daytona Beach. Robert A. Kingsford, Maitland.
AMENDED ORDER ON DEFENDANT’S MOTION TO DISMISS
THIS CAUSE having come before the Court for consideration, and the Court having heard arguments of counsel and being otherwise fully advised, it is hereby
CONSIDERED, ORDERED AND ADJUDGED:
1. Defendant’s Motion to Dismiss is GRANTED with PREJUDICE.
2. Plaintiff’s Amended Complaint is an improper collective pleading the resolution of which will not settle future rights, privileges, duties or obligations.
3. Plaintiff’s Amended Complaint is not proper subject matter for declaratory relief but is a request for an advisory opinion by the Court.
4. The Court reserves jurisdiction for consideration and ruling on Defendant’s Motion for Attorney Fees and Costs.
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