16 Fla. L. Weekly Supp. 179b
Online Reference: FLWSUPP 162FERNA
Insurance — Personal injury protection — Coverage — Medical expenses — Summary judgment is granted in favor of medical provider where affidavit of physician is sufficient to establish that fees charged were reasonable and necessary, and insurer did not file any opposing affidavit
SPINE & REHAB MEDICINE, P.A. (As assignee of Melissa Fernandez), Plaintiff, vs. PROGRESSIVE SELECT INSURANCE COMPANY, Defendant. County Court, 5th Judicial Circuit in and for Hernando County. Case No. H-27-SP-2007-1702. December 1, 2008. Donald E. Scaglione, Judge. Counsel: Timothy A. Patrick, Nicholas & Patrick, P.A., Tampa. C. Spencer Petty, Adams & Diaco, P.A., Tampa.
ORDER ON SUMMARY JUDGMENT
THIS MATTER having come before the Court on the Plaintiff’s Motion for Summary Judgment on November 6, 2008 and the Court having reviewed the file and Plaintiff’s relevant case law finds as follows:
1. Defendant did not file any affidavit in opposition to the Plaintiff’s Summary Judgment. Defendant objected for the record to pursue any and all issues due to this Court’s as well as Judge Hitzemann’s previous Court ruling.
2. The Court notes and acknowledges the Plaintiff’s Notice of Filing of Case Law and finds it applicable and the law of Hernando County.
3. This Court as well as Judge Hitzemann’s Court (in cases listed in the Plaintiff’s Notice of Filing) have previously found Dr. Kulkarni’s affidavit to be sufficient. As before, the Court finds the amount charged to be reasonable.
Wherefore, based upon:
Spine & Rehab Medicine, P.A. (a/a/o Melissa Fernandez) v. Progressive American Ins. Co., 15 Fla. L. Weekly Supp. 908 (5th Judicial Circuit, Hernando County, Case No. H-27-SP-2007-632, June 24, 2008, Donald E. Scaglione, Judge)
Spine & Rehab Medicine, P.A. (a/a/o Teresa Rye) v. Progressive American Ins. Co., (5th Judicial Circuit, Hernando County, Case No. H-27-CC-2007-1105), June 27, 2008, Kurt E. Hitzemann, Judge)
Spine & Rehab Medicine, P.A. (a/a/o Madisyn Kristoferson) v. Progressive American Ins. Co., (5th Judicial Circuit, Hernando County, Case No. H-27-CC-2007-1102, June 27, 2008, Kurt E. Hitzemann, Judge)
Spine & Rehab Medicine, P.A. (a/a/o Kenneth Bacon) v. Progressive Select Ins. Co., 15 Fla. L. Weekly Supp. 84 (5th Judicial Circuit, Hernando County, Case No. H-27-SP-2007-610, October 25, 2007, Kurt E. Hitzemann, Judge); Progressive Select v. Spine & Rehab, 5th Judicial Circuit, [Appellate] Hernando County, Appeal Case No. H-27-CA-2007-2745, Per Curiam Affirmed.
Spine & Rehab Medicine, P.A. (a/a/o Gary Bauer) v. Progressive Select Ins. Co., 15 Fla. L. Weekly Supp. 85 (5th Judicial Circuit, Hernando County, Case No. H-27-SP-2007-611, October 25, 2007, Kurt E. Hitzemann, Judge); Progressive Select v. Spine & Rehab, 5th Judicial Circuit, [Appellate] Hernando County, Appeal Case No. H-27-CA-2007-2746, Per Curiam Affirmed.
Spine & Rehab Medicine, P.A. (a/a/o Rose Gianotti) v. Dairyland Ins. Co., 14 Fla. L. Weekly Supp. 504 (5th Judicial Circuit, Hernando County, Case No. H-27-SP-2006-255, March 23, 2007, Kurt E. Hitzemann, Judge)
Spine & Rehab Medicine, P.A. (a/a/o Rose Gianotti) v. Dairyland Ins. Co., 14 Fla. L. Weekly Supp. 504 (5th Judicial Circuit, Hernando County, Case No. H-27-SP-2006-270, March 23, 2007, Kurt E. Hitzemann, Judge)
The Court GRANTS Summary Judgment on behalf of the Plaintiff.
