14 Fla. L. Weekly Supp. 687b
Insurance — Personal injury protection — On rehearing, motion to dismiss is denied
ACCESS HEALTH CARE, LLC., (As assignee of Inna Fedorow), Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 06-18506-CC, Division J. May 9, 2007. Gaston J. Fernandez, Judge. Timothy A. Patrick, Nicholas, Lipscomb & Patrick, P.A., Tampa, for Plaintiff. Karen A. Barnett, for Defendant.
ORDER GRANTING PLAINTIFF’S MOTION FOR REHEARING
This cause having come before the Court on April 30, 2007, on Plaintiff’s Motion for Rehearing on Defendant’s Motion to Dismiss/Motion for Extension of Time to File Amended Complaint, with Timothy A. Patrick, Esquire appearing on behalf of Plaintiff and Karen A. Barnett, Esquire appearing on behalf of Defendant, and the Court, being fully advised in the premises, rules as follows:
IT IS ORDERED AND ADJUDGED:
1. That Plaintiff’s Motion for Rehearing on Defendant’s Motion to Dismiss/Motion for Extension of Time to File Amended Complaint is hereby GRANTED.
2. The court’s Order Granting Defendant’s Motion to Dismiss dated February 19, 2007 is hereby vacated.
3. The Defendant’s Motion to Dismiss wherein it argued that Plaintiff should have to amend its Petition is denied.
4. Defendant shall have thirty (30) days from today’s date to file an answer to Plaintiff’s Petition.
5. Plaintiff’s deposition of claim adjuster, Diane Withee, set for June 14, 2007, is hereby canceled. Defendant shall file a Motion for Protective Order as to said deposition.
