22 Fla. L. Weekly Supp. 1052a
Online Reference: FLWSUPP 2209FENNInsurance — Bad faith — Dismissal — Bad faith claim must be brought in separate action
FENN, GARY ALLEN, et al, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendants. Circuit Court, 20th Judicial Circuit in and for Lee County, Civil Division. Case No. 11-CA-003719. February 22, 2012. Honorable Alane Laboda, Judge.
ORDER VACATING ORDER STAYING COUNT II FILED FEBRUARY 22, 2012 AND ORDER OF DISMISSAL OF COUNT II
THIS CAUSE having come before the Court on April 30, 2013 on Defendant’s Motion for Reconsideration, it is hereby ORDERED and ADJUDGED as follow:
1. For reasons set forth in Defendant’s Motion, as well as the Court’s inherent authority, the Defendant’s Motion for Reconsideration of Order Staying Count II instead of Dismissing Count II without Prejudice is GRANTED.
2. The Court’s Order entered on February 20, 2012 denying Defendant’s Motion to Dismiss and Staying Count II of Plaintiff’s Complaint is hereby VACATED.
3. Defendant’s Motion to Dismiss is GRANTED and Count II is hereby dismissed without prejudice to refile as a separate action. See Geico General Insurance Company v. Harvey, So.3d 38 Fla. L. Weekly D178a (Fla. 4th DCA January 23, 2013); Government Employees Insurance Co. v. King, 68 So.3d 267 (Fla. 2d DCA 2011) [36 Fla. L. Weekly D969a].
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