16 Fla. L. Weekly Supp. 450a
Online Reference: FLWSUPP 165BALON
Insurance — Personal injury protection — Declaratory judgment — Medical provider’s petition for declaratory relief seeking only advisory opinion as to sufficiency of disclosure and acknowledgment form submitted by provider is dismissed
GULF COAST INJURY CENTER, LLC., (AS ASSIGNEE OF MEGAN BALONGUE), Plaintiff, vs. USAA CASUALTY INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 08-31501. March 13, 2009. Paul T. Jeske, Judge. Counsel: Timothy A. Patrick. Stephen M. Lawler, Ramey & Kampf, P.A., Tampa, for Defendant.
ORDER ON DEFENDANT’S MOTION TO DISMISS
THIS CAUSE having come before the Court upon Defendant’s Motion to Dismiss on February 9, 2009, and the Court having heard argument of Counsel and being otherwise fully advised in the premises, it is hereby
ORDERED AND ADJUDGED as follows:
1. Plaintiff withdrew Count II of the Petition at the hearing.
2. As to Count I of the Petition, Plaintiff filed a Petition for Declaratory Relief seeking a determination by the Court that the Standard Disclosure and Acknowledgement Form pursuant to Florida Statute §627.736(5)(e) submitted by Plaintiff to Defendant was properly completed.
3. Plaintiff’s petition seeks only an advisory opinion from the Court and fails to state a proper cause of action for declaratory relief.
4. It is therefore ordered and adjudged that Plaintiff’s Petition for Declaratory Relief is hereby DISMISSED.
