14 Fla. L. Weekly Supp. 382c
Insurance — Personal injury protection — Coverage — Medical expenses — MRI — Allowable amount — Adjustment to Consumer Price Index for All Urban Consumers in South Region — 2003 amendment to statute — Constitutionality — Question certified
FAMILY OPEN MRI, on assignment from Patricia Austin, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 03-5391-CC-Div. J. October 12, 2006. Gaston J. Fernandez, Judge. Counsel: Brian B. Eisenstadt, for Plaintiff. Michael P. Liebgold, Reynolds & Stowell, St. Petersburg, for Defendant.
FINAL JUDGMENT
THIS CAUSE having come before the Court for hearing on Defendant’s Motion for Entry of Final Judgment on October 4, 2006; and the Court having previously granted the Plaintiff’s Motion for Partial Summary Judgment in this matter, it is hereby,
ORDERED and ADJUDGED that:
1. Plaintiff Family Open MRI, on assignment from Patricia Austin take $39.84 in underlying benefits and $17.25 in interest for a total of $57.09 by this action, for which let execution issue, and that Defendant Progressive Express Insurance Company go hence without day.
2. The Court has also certified to the 2nd District Court of Appeal the following question as one of great public importance: “Does the 2003 Amendment to Fla. Stat. Sec. 627.736(5)(b)(5), which defines the statistic to be used to adjust the Participating Medicare Fee Schedule for 2001 for MRI’s, retroactively alter substantive rights and duties in violation of Article I, § 9 of the Florida Constitution?”
3. This Court reserves jurisdiction as to the amount of the Plaintiff’s attorneys’ fees and costs.
