22 Fla. L. Weekly Supp. 130a
Online Reference: FLWSUPP 2201CHAVInsurance — Personal injury protection — Demand letter — PIP action is abated to allow service of compliant demand letter and response to letter
SW FLORIDA REGIONAL MEDICAL CENTER INC., a/a/o AMARILYS CHAVEZ, Plaintiff, vs. MERCURY INSURANCE COMPANY OF FLORIDA, Defendant. County Court, 12th Judicial Circuit in and for Collier County. Case No. 13-CC 001511. July 14, 2014. Honorable Michael Carr, Judge. Counsel: Nelson A. Guerra, Gonzalez & Associates, Brandon, for Plaintiff. Suzette M. Alfonso, Dutton Law Group, P.A., Pompano Beach, for Defendant.
ORDER GRANTING PLAINTIFF’S MOTION FORABATEMENT OF THE ACTION
THIS CAUSE, having come before this Honorable Court on May 12, 2014, upon Plaintiff’s Motion for Abatement of the Action, and after hearing argument of counsel and being otherwise fully advised on the premises, it is thereupon, ORDERED and ADJUDGED that:
1. Plaintiff’s Motion for Abatement of the Action is hereby GRANTED. This action shall be abated for 40 days from the date of this Order. Plaintiff shall have 10 days from the date of this Order to serve a compliant demand letter on Defendant. Defendant shall have 30 days to respond to Plaintiff’s demand letter.
2. Defendant’s Motion for Summary Judgment on Sufficiency of Pre-Suit Demand Letter, as it currently filed, is rendered moot.
3. Defendant is entitled to the award of reasonable attorneys fees and costs incurred in defending this action up through May 12, 2014, regardless of whether it is the prevailing party in this action.
4. The Court reserves jurisdiction to determine the amount of Defendant’s aforementioned attorneys fees and costs.
