18 Fla. L. Weekly Supp. 1195b
Online Reference: FLWSUPP 1811LAND
Insurance — Personal injury protection — Res judicata — Suit for second set of medical bills filed on same day as entry of summary judgment on first set of bills is barred by res judicata where medical provider had knowledge of second set more than thirty days prior to entry of summary judgment on first set
CARRIE LANDESS, P.A., Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County, Civil Division. Case No. 07-12575-SP-05. September 8, 2011. Norma S. Lindsey, Judge. Counsel: Mark Feldman, for Plaintiff. Thomas Hunker and Catherine Massard, Office of the General Counsel, Appellate Division, Miami, for Defendant.
AFFIRMED without written opinion.
Order on Appellant’s Motion for Rehearing 22 Fla L. Weekly Supp. 321b.
ORDER ON DEFENDANT’S RENEWED MOTION FOR RECONSIDERATION OF COURT ORDER DENYINGDEFENDANT’S MOTION FOR FINAL SUMMARYJUDGEMENT RE: RES JUDICATA ANDSPLITTING CAUSES OF ACTION
THIS CAUSE having come before the Court on September 1, 2011, on the Motion of Defendant, United Automobile Insurance Company, for Reconsideration of Court Order Denying Defendant’s Motion for Final Summary Judgment Re: Res Judicata and Splitting Causes of Action. The Court, having reviewed the file, the transcript of the hearing on March 18, 2010, and the cases presented, and having heard and considered the arguments of counsel, and being otherwise duly advised in the premises, hereby finds that the case of Lidia Diaz v. United Automobile Insurance Company, 18 Fla. L. Weekly Supp. 774a (11th Jud. Cir. App. July 13, 2011), involving the same issue, is distinguishable from the instant case. In Diaz, the Court froze the pleadings thereby prohibiting the plaintiff from amending her pleadings to include additional bills. However, in the instant case, both sets of bills at issue were beyond thirty days prior to the Court’s entry of summary judgment as to the first set of bills. In addition, here, Plaintiff had knowledge of the second set bills as evidenced by the filing of demand letter on those bills — more than thirty days prior to the Court’s entry of summary judgment on the first set of bills. instead, Plaintiff filed suit on the second set of bills on the same day that summary judgment was entered on the first set.
It is therefore ORDERED AND ADJUDGED that Defendant’s Renewed Motion for Reconsideration is GRANTED and Defendant’s Motion for Final Summary Judgment is GRANTED.
