17 Fla. L. Weekly Supp. 385a

Online Reference: FLWSUPP 1705ARTIInsurance — Declaratory judgment — Medical provider need not seek monetary damages in order to pursue declaratory relief as to amount of benefits recoverable

TAMPA BAY IMAGING, LLC, as Assignee of MAYUMI ARTILES, Plaintiff, v. AMICA MUTUAL INSURANCE COMPANY, a foreign corporation, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County. Case No. 09 09231, Division J. January 21, 2010. Gaston J. Fernandez, Judge. Counsel: Phillip A. Friedman, Friedman & Leifer, P.L., Tampa, for Plaintiff. Douglas M. Fraley, Molhem & Fraley, P.A., Tampa, for Defendant.

ORDER ON DEFENDANT’S MOTION TO DISMISS

This matter having come before the Court on January 12, 2010, upon the Defendant’s MOTION TO DISMISS, STRIKE OR FOR MORE DEFINITE STATEMENT, served October 13, 2009, having heard arguments of counsel as set forth in the Motion to Dismiss and Plaintiff’s OPPOSITION RESPONSE TO DEFENDANT AMICA’s MOTION TO DISMISS, STRIKE OR FOR MORE DEFINITE STATEMENT, served November 23, 2009, it is hereby

ORDERED AND ADJUDGED:

1. As set forth in case law argued by Plaintiff, MRI Assoc. of St. Pete v. Allstate Indemnity Co., 15 Fla. L. Weekly Supp. 182a, Hillsborough Cty. Ct. (2007); Progressive Auto Pro. Ins. Co. v. One Stop Medical, Inc., 985 So.2d 10 (Fla. 4th DCA 2008); and other cases cited in Plaintiff’s Opposition Response, this Court finds that Plaintiff need not seek monetary damages in order to pursue the declaratory relief sought, and therefore Defendant’s Motion to Dismiss is DENIED; however,

2. Plaintiff agrees to, within ten (10) days from the date of this Order, file a SECOND Amended Complaint and provide a more definite statement regarding the relief sought.