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EMERGENCY PHYSICIANS OF CENTRAL FLORIDA, LLP as assignee of Carlos Lopez, Plaintiff, v. GEICO GENERAL INSURANCE COMPANY, Defendant.

14 Fla. L. Weekly Supp. 305a

Insurance — Personal injury protection — Hospital lien — Timeliness — Medical provider is entitled to full payment of bill where hospital lien was untimely

EMERGENCY PHYSICIANS OF CENTRAL FLORIDA, LLP as assignee of Carlos Lopez, Plaintiff, v. GEICO GENERAL INSURANCE COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Seminole County. Case No. 05-SC-002145. December 6, 2006. John R. Sloop, Judge. Counsel: Rutledge M. Bradford, Rutledge Bradford, Attorneys At Law, Orlando. Thomas Player, Weiss Legal Group, P.A., Maitland. Robert D. Bartels, Rissman, Barrett, Hurt, Donahue & McLain, P.A., Orlando.

AFFIRMED at 15 Fla. L. Weekly Supp. 682b

FINAL SUMMARY JUDGMENT

THIS CAUSE having come to be heard upon Plaintiff’s Motion for Final Summary Judgment on January 9, 2006, and by Order of the Appellate Court to enter a Final Judgment, this Court, having heard argument of counsel, and being otherwise fully advised in the premises,

IT IS HEREBY ORDERED and ADJUDGED that

1. Plaintiff’s Motion for Final Summary Judgment on Count I is GRANTED. Plaintiff was entitled to payment in full of its bill due to the untimely hospital lien. Plaintiff’s bill was for $420. Plaintiff was entitled to payment in full at 80%, or $336, plus interest from December 22, 2004 for which let execution issue forthwith.

2. Defendant’s Motion for Final Summary Judgment is Denied.

3. Jurisdiction is retained by this Court to determine Plaintiff’s entitlement to and the amount of attorney’s fees and costs associated with the filing of this lawsuit.

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