16 Fla. L. Weekly Supp. 260a
Online Reference: FLWSUPP 163TORRE
Insurance — Personal injury protection — Declaratory action — Petition that only seeks advisory opinion as to whether disclosure and acknowledgment form was properly completed does not state proper cause of action for declaratory relief
SOUTH TAMPA INJURY & REHAB, PA, a/a/o RAQUEL TORRES, Plaintiff, vs. USAA CASUALTY INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County. Case No. 08-28926, Division H. December 6, 2008. Eric R. Myers, Judge. Counsel: Roberto Alayon. 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 November 12, 2008, 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 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.
2. Plaintiff’s petition seeks only an advisory opinion from the Court and fails to state a proper cause of action for declaratory relief.
3. It is therefore ordered and adjudged that Plaintiff’s Petition for Declaratory Relief is hereby DISMISSED.
4. Plaintiff shall have ten (10) days from the date of this Order to amend its cause of action to include an action or claim for breach of contract and/or failure to pay PIP benefits.
