14 Fla. L. Weekly Supp. 687a
Insurance — Personal injury protection — Summary judgment granted in favor of insurer where unambiguous policy language provides no benefits
ONYX MEDICAL CENTER, INC., A/A/O SECUNDINO SANCHEZ, Plaintiff, vs. GRANADA INSURANCE CO., Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County, Civil Division. Case No. 06-13709-SP-05. April 4, 2007. Bronwyn C. Miller, Judge.
ORDER WITHDRAWING ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AND GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
[Original Opinion at 14 Fla. L. Weekly Supp. 586b]
THIS CAUSE, having come before the Court upon Defendant’s Motion for Summary Judgment on February 28, 2007 and Defendant’s Motion for Rehearing on March 29, 2007 and the Court having heard argument of counsel, reviewed the procedural history and relevant legal authority, and having otherwise been fully advised in the premises the Court hereby WITHDRAWS its Order Denying Defendant’s Motion for Summary Judgment and GRANTS Defendant’s Motion for Summary Judgment pursuant to the legal authority of Fidelity & Casualty Co. of New York v. Fonseca, 358 So. 2d 569, 570 (Fla. 3d DCA 1978) (“We hold that, on the facts before us, the plain, unambiguous language of the policy provides neither PIP nor liability benefits”).1
THEREFORE, Defendant’s Motion for Summary Judgment is hereby GRANTED. Defendant shall go henceforth without day.
__________________
1Said case was not provided to the Court at the time of the original Summary Judgment hearing.
