14 Fla. L. Weekly Supp. 178b

Declaratory judgments — Jurisdiction — Insurance — Petition stated elements for declaratory judgment pursuant to Chapter 86 — There is genuine dispute as to plaintiff’s rights under insurance contract, and petitioner properly petitioned court as to construction and validity of a statute

WILLIAM E. WEST, D.C., (As Assignee of Antonio Monfregola), Plaintiff, v. AMERICAN HOME ASSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 06-17279, Division I. December 19, 2006. Gaston J. Fernandez, Judge, on behalf of Charlotte Anderson, Judge. Counsel: David W. Lipscomb, Nicholas, Lipscomb & Patrick, P.A., Tampa, for Plaintiff. Dennis M. Hudson, Jr., for Defendant.

ORDER DENYING DEFENDANT’S MOTION TO DISMISS

THIS CAUSE, having come before the Court on December 7, 2006 on Defendant’s Motion to Dismiss, and the Court having been advised in the premises, hereby finds that:

1. The Petition for Declaratory Judgment properly states the elements of a Declaratory Action pursuant to Chapter Eighty-Six (86) of Florida Statutes.

2. As stated in the petition, there is a genuine dispute as to the rights of the Plaintiff pursuant to a contract of insurance.

3. The Plaintiff has properly petitioned the Court as to the construction and validity of a statute, specifically Fla. Stat. §627.736(11).

THEREFORE, it is ORDERED AND ADJUDGED that:

1. Defendant’s Motion to Dismiss the Plaintiff’s Petition for Declaratory Judgment is hereby DENIED.

2. Defendant has ten (10) days to file a responsive pleading to the Petition for Declaratory Judgment.