19 Fla. L. Weekly Supp. 1026a
Online Reference: FLWSUPP 1912MURPInsurance — Personal injury protection — Dismissal — Res judicata bars PIP suit for claims that should have been filed in prior PIP case between same parties
NADIA MURPHY, Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, a Florida corporation, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County, Civil Division. Case No. 07-19664 SP 25(2). September 9, 2008. Honorable Lawrence D. King, Judge. Counsel: James D. Payer, for Plaintiff. Christina J. Hudson, for Defendant.
ORDER GRANTING DEFENDANT’S MOTIONTO DISMISS / MOTION FOR SUMMARY JUDGMENTAND FOR FINAL JUDGMENT
THIS MATTER, having come before the Court on August 21, 2008, upon the Defendant’s Motion to Dismiss for Res Judicata and Splitting Causes of Action, or in the alternative, Motion for Final Summary Judgment, and the Court having heard argument of counsel, it is
ORDERED AND ADJUDGED that the Defendant’s Motion to Dismiss, or in the alternative, Motion for Final Summary Judgment, is hereby GRANTED.
The Court finds that bills from the present case from dates of service November 8, 2006-May 9, 2007 should have been filed in Case No.: 06-22091 SP 25, Nadia R. Murphy v. United Automobile Insurance Company along with bills from dates of service August 18, 2006-October 16, 2006 prior to the August 7, 2007 Dismissal.
The Court bases its opinion on the Florida Supreme Court Cases Topps v. Florida, 865 So.2d 1253, 1255 (Fla. 2004) [29 Fla. L. Weekly S21a](holding that “the doctrine of res judicata bars relitigation in a subsequent cause of action not only of claims raised, but also claims that could have been raised” citing Florida Dept. of Transportation v. Juliano, 801 So.2d 101, 107 (Fla.2001) [26 Fla. L. Weekly S784a]; Department of Agriculture and Consumer Services v. Mid-Florida Growers, Inc., 570 So.2d 892, 900 (Fla. 1990) (“The rule against splitting causes of action makes it incumbent upon plaintiffs to raise all available claims involving the same circumstances in one action”); see also Ecological Science Corporation v. Boca Ciega Sanitary District, 317 So.2d 857, 858 (Fla. 2nd DCA 1975) (“Any risk of duplication of claims could be avoided by a consolidation of the two suits”); see also Gomez-Ortega v. Dorten, Inc., 670 So.2d 1107 (Fla. 3rd DCA 1996) [21 Fla. L. Weekly D759d]; Bettcher v. Wadsworth, 825 So2d 438 (Fla. 2nd DCA 2002) [27 Fla. L. Weekly D1629a]; McKibben v. Zamora, 358 So.2d 866, 868 (Fla. 3rd DCA 1978); Physicians Rehab Group Inc. a/a/o Julio Mirabal Porras v. Clarendon National Insurance Company, 14 Fla. L. Weekly Supp 175(a) (November 30, 2006).
It is Further Ordered and Adjudged that the Court shall reserve jurisdiction for attorneys’ fees and Costs upon proper Motion.
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