17 Fla. L. Weekly Supp. 1230a
Online Reference: FLWSUPP 1712SA
INInsurance — Personal injury protection — Abatement — Premature suit is abated to afford medical provider opportunity to submit new demand letter and insurer opportunity to pay sum demanded
DR. GARY R. BORAKS, LLC, a Florida Corporation (assignee of Sainvil, Fito), Plaintiff, v. STATE FARM FIRE AND CASUALTY COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 08-SC-12467. July 27, 2010. Antionette D. Plogstedt, Judge. Counsel: Russel Lazega, Law Office of Russel Lazega d/b/a Florida Insurance Advocates, North Miami, for Plaintiff. Conroy, Simberg, Ganon, Krevans, Abel, Lurvey, Morrow & Shefer, P.A., Orlando.
ORDER GRANTING PLAINTIFF’S MOTION ON RECONSIDERATION AND PLAINTIFF’S MOTION TO ABATE CASE
THIS CAUSE, came before the Court for hearing on July 13, 2010 on Plaintiff’s Motion On Reconsideration And 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 On Reconsideration And 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. Willis v. Huff, 736 So. 2d 1272, 1273 (Fla. 4th DCA 1999) [24 Fla. L. Weekly D1723a]. Accordingly, this case shall be abated as follows: 1) Plaintiff shall have 30 days from the date of this order to submit a new demand letter to Defendant and 2) Defendant shall have 30 days from receipt of this demand letter in which to pay as specified in the demand. If Defendant pays benefits, interest, penalty, and postage as set forth in the demand, it shall have no further liability and this case will be closed. Should Defendant not pay as specified in the demand, the abatement shall be lifted at the expiration of the abatement period and the case shall resume.
