14 Fla. L. Weekly Supp. 299b
Insurance — Personal injury protection — Upon striking of insurer’s untimely opposing affidavits, summary judgment is granted in favor of medical provider on issue of medical bill reduced by insurer
SPINE & REHAB MEDICINE, P.A., (as assignee of Rose Gianotti), Plaintiff, v. DAIRYLAND INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 06-18498, Division J. January 25, 2007. Gaston J. Fernandez, Judge. Counsel: Timothy A. Patrick, Nicholas, Lipscomb & Patrick, P.A., Tampa, for Plaintiff. David A. Boulos, for Defendant.
ORDER GRANTING PLAINTIFF’S MOTION FOR FINAL SUMMARY JUDGMENT
THIS CAUSE having come before the Court on January 17, 2007, on Plaintiff’s Motion for Final Summary Judgment. Present before the court were Plaintiff’s counsel, Timothy A. Patrick, and Defendant’s counsel, David A. Boulos. The Court after hearing argument of counsel and after review of the file makes the following findings.
ORDERED and ADJUDGED:
1. That Plaintiff has met its prima facie burden via the filing of Dr. Suhas Kulkarni’s and Dr. David Kalin’s affidavits.
2. That the affidavits filed by the Defendant are untimely and stricken.
3. Plaintiff’s Motion for Final Summary Judgment based upon the Defendant’s reduction of CPT code 99214, amount billed $200.00, for the date of service of February 3, 2006, is hereby GRANTED.
