22 Fla. L. Weekly Supp. 741a
Online Reference: FLWSUPP 2206SUCCInsurance — Property — Standing — Assignment — Purported inconsistency in designation of repair facility in assignment is factual dispute, not grounds for dismissal
RESTORATION 1 OF SOUTH FLORIDA, LLC (AAO Santhia Success), a Florida Limited Liability Company, Plaintiff, vs. CITIZENS PROPERTY INSURANCE CORPORATION, a Florida corporation, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 14-000464 CC. June 19, 2014. Patricia Marino Pedraza, Judge. Counsel: John A. Salcedo, The Mineo Salcedo Law Firm, P.A., Davie, for Plaintiff. James Suarez, Stone, Glass & Connolly, LLP, Palmetto Bay, for Defendant.
ORDER ON DEFENDANT’S MOTION TO DISMISS AND DEFENDANT’S MOTION TO STAY DISCOVERY
THIS CAUSE, having come before the Court on June 19, 2014 upon the Defendant’s Motion to Dismiss and Defendant’s Motion to Stay Discovery and the Court having heard argument of Counsel, reviewed the file and being otherwise duly advised in the premises, it is hereupon:
ORDERED AND ADJUDGED that:
1. Defendant’s Motion to Dismiss is hereby DENIED as follows:
The purported inconsistency between what is identified as “my repair facility” in the two separate sections of the Assignment is a factual dispute to be decided later and is not a grounds for a dismissal.
Defendant shall have twenty (20) days to file an Answer to the Complaint.
2. Defendant’s Motion to Stay is hereby DENIED as follows:
Defendant shall have twenty (20) days to file its Responses to all outstanding discovery.
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