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TAMPA BAY IMAGING LLC., as assignee of Azra Crnalic, Plaintiff, vs. METROPOLITAN GENERAL INSURANCE COMPANY, a foreign corporation, Defendant.

16 Fla. L. Weekly Supp. 1081a

Online Reference: FLWSUPP 1611CRNA

Insurance — Personal injury protection — Legislative intent — Affidavit of congressman, which does not assist court in determining legislative intent of PIP statute and contains inadmissible hearsay, is stricken

TAMPA BAY IMAGING LLC., as assignee of Azra Crnalic, Plaintiff, vs. METROPOLITAN GENERAL INSURANCE COMPANY, a foreign corporation, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 09-6700, Division K. August 21, 2009. Paul T. Jeske, Judge. Counsel: Philip Friedman, for Plaintiff. Matthew D. Brumley, Dutton Law Group, P.A., Tampa, for Defendant.

ORDER REGARDING THE DEFENDANT’S MOTION TO STRIKE THE AFFIDAVIT OF CONGRESSMAN BILL POSEY

THIS CAUSE having come before the Court on August 17, 2009, on the Defendant’s Motion to Strike the Affidavit of Congressman Bill Posey, with the Plaintiff, having been represented by Philip Friedman, Esq. and the Defendant, having been represented by the Defendant Matthew Brumley, Esq., and the court, having heard argument of counsel, and being fully advised in the premises, hereby rules as follows:

It is ORDERED AND ADJUDGED that

1. The Defendant’s Motion to Strike the Affidavit of Congressman Bill Posey is hereby GRANTED.

2. The court finds that the submission of the subject affidavit does not assist the court in regard to determining the legislative intent of Florida Statutes section 627.736.

3. The court finds that the subject affidavit is of negligible probative value and contains inadmissible hearsay evidence.

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