20 Fla. L. Weekly Supp. 797a
Online Reference: FLWSUPP 2008DAVIInsurance — Personal injury protection — Standing — Assignment — Validity
MOORE CHIROPRACTIC CENTER, INC. A/A/O BELINDA DAVIS, Plaintiff, v. USAA CASUALTY INSURANCE COMPANY, Defendant. County Court, 4th Judicial Circuit in and for Clay County. Case No. 2012-SC-001088 (D). May 14, 2013. Honorable Richard R. Townsend, Judge. Counsel: Adam Saben, Shuster & Saben, LLC, Miami, for Plaintiff. Christopher Cavalier, Herssein Law Group, Tampa, for Defendant.
ORDER GRANTING PLAINTIFF’S MOTION FORSUMMARY JUDGMENT AND DENYINGDEFENDANT’S MOTION FOR SUMMARYJUDGMENT AS TO STANDING
THIS CAUSE having come before this Court on cross-motions for summary judgment as to standing and the parties stipulating to the facts at issue, this Court makes the following findings:
1. As to the relevant language in the document at issue, this Court finds that the plain language of the document constitutes an assignment and that the parties intended a conveyance of any and all benefits and claims.
2. Further, this Court finds that the Plaintiff, MOORE CHIROPRACTIC CENTER, INC., as the assignee, is the real party in interest.
3. As the real party in interest, this Court finds that the Plaintiff, MOORE CHIROPRACTIC CENTER, INC., has standing to bring this case for unpaid PIP benefits.
WHEREFORE, the Plaintiff’s Motion for Partial Summary Judgment as to Standing is GRANTED and the Defendant’s Motion for Summary Judgment as to standing is DENIED.
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