15 Fla. L. Weekly Supp. 1119c

NOT FINAL VERSION OF OPINION
Subsequent Changes at 16 Fla. L. Weekly Supp. 191a

Insurance — Personal injury protection — Standing — Assignment — Motion for summary judgment is denied where there is genuine issue of material fact as to validity of assignment

OROZCO MEDICAL CENTER, INC. (As Assignee of Juliet Garcia), Plaintiff, v. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 08-02449, Division K. September 16, 2008. Paul T. Fiske, Judge, for Cheryl Thomas, Judge. Counsel: Timothy A. Patrick, Timothy A. Patrick, P.A., Tampa, for Plaintiff. Michael Liebgold, for Defendant.

ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

THIS CAUSE, having come before the court on August 28, 2008, on Defendant’s Motion For Summary Judgment with Timothy A. Patrick, Esquire for the Plaintiff and Michael Liebgold, Esquire for the Defendant, and the court having reviewed the file and heard argument of counsel, it is hereby ORDERED AND ADJUDGED as follows:

1. The Court finds that there is a genuine issue of material fact as to Defendant’s argument that the assignment of benefits is invalid. The court emphasizes that it is not making any finding as to the validity of the assignment of benefits. The court is merely applying the summary judgment standard to Defendant’s motion. However, the court’s ruling is limited to its finding of there being a genuine issue of material fact or law as to the assignment.

2. As such, Defendant’s Motion for Summary Judgment is HEREBY DENIED.