21 Fla. L. Weekly Supp. 180a
Online Reference: FLWSUPP 2102NDIAInsurance — Personal injury protection — Interest — Method of calculating
PROGRESSIVE HEALTH SERVICES, INC a/a/o NEREIDA DIAZ, 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. 12-00959 SP 26 (03). December 17, 2012. Michaelle Gonzalez-Paulson, Judge. Counsel: Stuart L. Koenigsberg, for Plaintiff. Jon Sorensen, for Defendant.
ORDER DENYING PLAINTIFF’S MOTION FORDETERMINATION OF INTEREST DUE AND DENYINGDEFENDANT’S REQUEST FOR CERTIFICATIONTO THE THIRD DISTRICT COURT OF APPEAL
THIS CAUSE having come before this Court on Plaintiff’s Motion for Determination of Interest Due and Defendant’s Request for Certification to Florida’s Third District Court of Appeal as a Question of Great Public Importance the Correct Method of Calculating Pre-Judgment Interest of an Overdue PIP payment pursuant to Section 627.736(4)(b) Florida Statues (2007), and after review of Plaintiff’s Motion, Defendant’s Response to same and case law cited therein, and, after having heard argument of counsel and being otherwise fully advised as to the premises of said Motion;
It is hereby ORDERED AND ADJUDGED that the Plaintiff’s Motion for Determination of Interest and Defendant’s Request for Certification of the Issue to the Florida Third District Court of Appeal are hereby DENIED for the reasons set forth below.
This Court holds that prejudgment interest on an overdue medical bill pursuant to Section 627.736(4)(b) Florida Statues (2007) is adjusted annually each year, beginning with the rate established pursuant to Section 55.03 Florida Statutes for the year in which the bill originally became overdue. For all subsequent years, prejudgment interest is made using interest rate established in Section 55.03 Florida Statutes for each individual year until entry of or confession of Judgment which resulted in payment of the overdue bill. See Stand-Up MRI of Miami, Inc. a/a/o Martha Rodriguez v. United Auto. Ins. Co., 18 Fla. L. Weekly Supp. 20a (Fla. 11th Circuit Appellate 2010), cert. denied 51 So. 3d 470 (Fla. 3d DCA 2010) and Trend Coin Co. v. Honeywell, Inc., 487 So. 2d 1029 (Fla. 1986). Defendant’s Request for Certification of this Issue to the Florida Third District Court of Appeal is denied in light of what this Court believes to be controlling precedent on the issue.
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