14 Fla. L. Weekly Supp. 976a

Insurance — Personal injury protection — Summary judgment — Denial — Failure to identify admissible materials on which movant relies

DAVID G. SHAW, D. C., P. A., on behalf of JEAN HYACINTHE, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 06-CC-4382. August 7, 2007. Antoinette Plogstedt, Judge. Counsel: George Milev, Adams & Diaco, P.A., Tampa. Richard O. Hale, IV.

ORDER

THIS CAUSE having come on before this Court on July 31, 2007 on Plaintiff’s Amended Motion for Final Summary Judgment and Defendant’s Motion for Leave to Amend Affirmative Defenses, and the Court having been advised in the premises; it is hereby:

ORDERED AND ADJUDGED that:

1. Plaintiff’s Amended Motion for Final Summary Judgment is hereby DENIED without prejudice.

2. Said Motion fails to comply with Rule 1.510 as it does not specifically identify any affidavits, answers to interrogatories, admissions, depositions or other admissible materials on which the movant relies.

3. Defendant’s Motion for Leave to Amend Affirmative Defenses is GRANTED.

4. Defendant’s Amended Affirmative Defenses shall be deemed filed as of the date of this Order.