16 Fla. L. Weekly Supp. 572b
Online Reference: FLWSUPP 166SANTA
Insurance — Personal injury protection — Stay — Case is stayed pending resolution of appellate case, and insurer is required to escrow disputed benefits during stay
TAMPA BAY IMAGING, LLC, as assignee of FELIX SANTANA, Plaintiff, v. 21ST CENTURY INSURANCE COMPANY OF CALIFORNIA, INC., a foreign corporation, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 08-38103, Division M. April 1, 2009. Paul L. Huey, Judge, for Daniel Gallagher, Judge. Counsel: Philip A. Friedman, FL Legal Group, Tampa, for Plaintiff. Steve Woods, Law Office of Scott Astrin, Miami, for Defendant.
ORDER
THIS MATTER, Defendant’s Motion to Stay Proceedings having come before the Court on the morning of March 25, 2009, the Honorable Daniel Gallagher presiding, for the Plaintiff Philip A. Friedman, Esquire and Michael P. Bugbee, Esquire and for the Defendant, Jim McGee, Esquire, and the Court being apprised of argument of counsel, case law and statute, hereby:
ORDERS AND ADJUDICATES:
1. This matter shall be stayed pending the resolution of the case styled GEICO Indemnity Company v. Physicians Group, LLC, Case number 2D09-1165 currently pending before the Second District Court of Appeals.
2. The Defendant shall escrow personal injury protection/no-fault benefits available to Mr. Felix Santana in the amount of $424.51, the amount claimed by Plaintiff to be at issue in the pending lawsuit, to assure benefits are available for the Plaintiff to obtain in the event the Plaintiff prevails after the stay is lifted.
