17 Fla. L. Weekly Supp. 1042a
Online Reference: FLWSUPP 1710ANDR
Insurance — Personal injury protection — Complaint — Premature — PIP suit is abated to allow medical provider to submit amended demand letter to insurer
CENTRAL PALM BEACH IMAGING, LLC, N/K/A MEDICAL CENTER IMAGING, LLC, a Florida Corporation (assignee of Andres, Raquel) Plaintiff, v. MERCURY INSURANCE COMPANY OF FLORIDA, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 10 01923 COCE 53. June 29, 2010. Robert W. Lee, Judge. Counsel: Russel Lazega, Law Office of Russel Lazega, P.A., North Miami, for Plaintiff. Ana D’ Costa, for Defendant.
ORDER GRANTING PLAINTIFF’S MOTION TO ABATE CASE
THIS CAUSE, came before the Court for hearing on June 18, 2010 on Plaintiff’s Motion to Abate Case, and the Court having heard the argument of counsel, and being otherwise advised in the premises, it is hereupon:
ORDERED AND ADJUDGED:
The Plaintiff’s Motion to Abate Case is GRANTED. When a lawsuit is prematurely filed, the proper remedy at the trial level is abatement or stay of the action. Progressive Express Ins. Co. v. Menendez, 979 So.2d 324 (Fla. 3d DCA 2008). This case shall be abated for 60 days from the date of this hearing. Plaintiff shall submit an amended demand letter within 20 days of this hearing to both Defendant’s counsel of record, as well as the individual specified by the insurer for the purposes of receiving Pre-Suit Demand letters, in compliance with Florida Statute §627.736(10)(c).
