15 Fla. L. Weekly Supp. 624a
Insurance — Personal injury protection — Declaratory judgment — Allegations seeking advisory opinion as to sufficiency of demand letter do not fall within bounds of what should be sought for declaratory relief
SPINE REHABILITATION CENTER, INC. (a/a/o MANUEL BAEZ), Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County. County Civil Division. Case No. 06-17263, Division I. March 8, 2008. Charlotte W. Anderson, Judge. Counsel: Timothy Patrick. Elizabeth E. Andrews, Kingsford & Rock, P.A., Tampa, for Defendant.
ORDER ON DEFENDANT’S AMENDED MOTION TO DISMISS COUNT I
THIS CAUSE, having come before this Honorable Court on February 19, 2008, upon the Defendant’s Amended Motion to Dismiss Count I, and the Court having heard argument of counsel for the respective parties, and being otherwise duly advised in the premises, it has made the following findings of fact:
1. Count I of Plaintiff’s Second Amended Petition for Declaratory Judgment and Complaint sought entry of a declaratory judgment that the Plaintiff is entitled to a declaration of its rights under the Policy of insurance issued by Defendant to or for the benefit of the insured pursuant to Fla. Stat. §86.011, et seq., that the Plaintiff has complied with the statutory prerequisites stated under Fla. Stat. §627.736(11) pursuant to dates of service November 14, 2005 through February 22, 2006, and that the Plaintiff has complied with the Demand Letter condition precedent stated in Fla. Stat. §627.736(11).
2. These allegations seek an advisory opinion rather than having the demand letter subjected to the rigors of litigation. As such, they do not fall within the parameters of what should be sought for declaratory relief.
Therefore, it is ORDERED AND ADJUDGED that Count I of Plaintiff’s Second Amended Petition for Declaratory Judgment and Complaint is hereby STRICKEN.
