22 Fla. L. Weekly Supp. 1094c
Online Reference: FLWSUPP 2209BEAVInsurance — Standing — Assignment — Validity — Document that references direction to pay benefits but lacks any mention of conveyance of right to bring cause of action does not confer standing on medical provider
ORTHOPEDIC SPECIALISTS, a/a/o BEAVER, ANDREA, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 12CC031769, Division I. April 10, 2014. Honorable Christopher Nash, Judge. Counsel: William Foman, Deitsch & Wright, P.A., Lake Worth, for Plaintiff. Cameron Frye, Oxendine & Oxendine, P.A., Tampa, for Defendant.
ORDER GRANTING DEFENDANT’S MOTION FOR FULL AND FINAL SUMMARY JUDGMENT
THIS MATTER came before the Court on April 1, 2014 for hearing on Defendant’s Motion for Full and Final Summary Judgment. After reviewing the Motion, the record, the applicable law, and after hearing argument of counsel for the parties, the Court finds as follows:
ORDERED AND ADJUDGED that Defendant’s Motion for Summary Judgment is GRANTED. Although the subject document is entitled “Assignment of Benefits,” the language contained therein only references a direction to pay benefits, and lacks any mention of a conveyance or transfer regarding the right to bring a cause of action. As such, Plaintiff does not have standing to file this lawsuit. The Court will reserve jurisdiction as to attorneys’ fees and costs, as well as to enter any judgment that is proper and consistent with this ruling.
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