14 Fla. L. Weekly Supp. 586a

Insurance — Personal injury protection — Statutory penalty — Failure to include penalty on overdue interest

GULF COAST INJURY CENTER, LLC., As Assignee of REBECCA HARNAGE, Plaintiff, v. PROGRESSIVE AUTO PRO INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 05-CC-14233, Division H. March 29, 2007. Eric Myers, Judge. Counsel: Timothy A. Patrick and Helen Stratigakos, Nicholas, Lipscomb & Patrick, P.A., Tampa. Adam Filthaut, Adams & Diaco.

ORDER GRANTING PLAINTIFF’S THIRD AMENDED MOTION FOR PARTIAL SUMMARY JUDGMENT

THIS CAUSE came before the Court on March 15, 2007 on Plaintiff’s Second Amended Motion for Rehearing and/or in the Alternative, Third Amended Motion for Partial Summary Judgment. Timothy A. Patrick, Esquire and Helen Stratigakos, Esquire, were present for the Plaintiff. Adam Filthaut, Esquire, was present for the Defendant. The Court after hearing argument of counsel, having reviewed the record and for the reasons stated on the record,

It is ORDERED and ADJUDGED as follows:

1. Plaintiff’s motion alleges that the Defendant deficiently paid the statutory penalty payment on the entire overdue claim by failing to include penalty on the overdue interest that Defendant paid in response to Plaintiff’s demand letter pursuant to Fla. Stat. 627.736(11)(d).

2. The court finds that it does have jurisdiction to address this motion.

3. The court finds that the procedural defects of the prior Motions for Partial Summary Judgment on this issue have been corrected in this motion.

4. Plaintiff’s Third Amended Motion for Partial Summary Judgment is HEREBY GRANTED.