17 Fla. L. Weekly Supp. 1029c

Online Reference: FLWSUPP 1710APONInsurance — Personal injury protection — Coverage — Medical expenses — CPT codes — Unbundling

QUALITY MEDICAL GROUP, INC., a/a/o Jeanette Aponte, Plaintiff, vs. STATE FARM FIRE AND CASUALTY COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 09-09184 SP 25 (02), Civil Division. June 4, 2010. Lawrence D. King, Judge. Counsel: Kevin Whitehead, Downs Brill, Whitehead, Coral Gables. Michael A. Rosenberg.

ORDER GRANTING PLAINTIFF’S MOTION FOR FINAL SUMMARY JUDGMENT and ORDER DENYING DEFENDANT’S CROSS-MOTION FOR FINAL SUMMARY JUDGMENT

This matter came before the Court for hearing on June 3, 2010 for consideration of Plaintiff, Quality Medical Group, Inc.’s Motion for Final Summary Judgment, and Defendant, State Farm Fire and Casualty Company’s Cross-Motion for Final Summary Judgment as to disputed claims regarding specific CPT Codes and amounts billed by Plaintiff to Defendant in this Personal Injury Protection breach of contract case. All attorneys of record were present.

The Court having considered the subject motion(s) and supporting affidavits, documentary exhibits, case law authority, the oral argument of counsel, the Clerk’s docket sheet, the Court file and all relevant pleadings contained therein, and being otherwise apprised in the premises hereby enters the following ruling.

IT IS ORDERED AND ADJUDGED that Plaintiff, Quality Medical Group, Inc.’s Motion for Final Summary Judgment is GRANTED. See John S. Virga, D.C., PA. a/a/o Jennifer Crumpler v. State Farm Mutual Automobile Ins. Co., 17 Fla. L. Weekly Supp. 383a (Miami-Dade Cty. Ct. Dec. 13, 2009); Advanced Chiropractic & Medical Center a/a/o Sidoles Vilsinnor v. State Farm Fire and Casualty Co., 16 Fla. L. Weekly Supp. 1161d (Broward Cty. Ct. Aug. 27, 2009).

IT IS FURTHER ORDERED that Defendant, State Farm Fire and Casualty Company’s Cross-Motion for Final Summary Judgment is DENIED. See generally All Family Clinic of Daytona Beach, Inc. v. State Farm Mutual Automobile Ins. Co., ___ F. Supp. 2d ____, [22 Fla. L. Weekly Fed. D352a] 2010 WL 569881 (S.D. Fla.); Fla. Stat. § 627.736 (5)(a)(4) (2008).

The Court hereby determines that the Plaintiff is entitled to an award of reasonable attorney’s fees and costs and reserves jurisdiction to award said attorney’s fees and costs upon the filing of an appropriate motion by Plaintiff.