15 Fla. L. Weekly Supp. 624b
Insurance — Personal injury protection — Declaratory judgment — Motion to dismiss count of complaint seeking declaratory relief as to insurance information is granted where there is no need for declaration as to breach of contract regarding PIP benefits that is real issue in case
DOCTORS URGENT CARE WALK-IN CLINIC, INC., (As Assignee of Latoya Simmons), Plaintiff, v. FIRST ACCEPTANCE INSURANCE COMPANY, INC., Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 07-31076, Div. H. March 18, 2008. Eric Myers, Judge. Counsel: David W. Lipscomb, Nicholas, Lipscomb and Patrick P.A., for Plaintiff. Jeffrey R. Davis, Brasfield, Fuller, & Freeman, St. Petersburg, for Defendant.
ORDER ON DEFENDANT’S MOTION TO DISMISSCOUNT I OF PLAINTIFF’S COMPLAINT: DECLARATORY RELIEF — INSURANCE INFORMATION
THIS CAUSE, having come before the Court on February 13, 2008, on Defendant’s Motion to Dismiss Count I of Plaintiff’s Complaint for failure to state a cause of action, served under Certificate of Service dated November 26, 2007, the Plaintiff being represented by David W. Lipscomb, Esq. of Nicholas, Lipscomb and Patrick P.A., and the Defendant being represented by Jeffrey R. Davis, Esq. of Brasfield, Fuller and Freeman, P.A., and the Court having heard the argument of counsel and otherwise being fully advised in the premises and law, it is:
ORDERED AND ADJUDGED that:
1. The actual real issue in this case is whether or not there was a breach of contract with regard to the PIP benefits and, in fact, there is no bona fide need for a declaration in this matter.
Therefore, Defendant’s Motion to Dismiss Count I of Plaintiff’s Complaint is GRANTED.
