23 Fla. L. Weekly Supp. 652a

Online Reference: FLWSUPP 2306ESTEInsurance — Automobile — Windshield repair — Repair shop’s complaint seeking payment of benefits for windshield repair is dismissed with leave to amend complaint by attaching assignment, repair invoice and insurance policy; by identifying policy provisions breached and amount paid by insurer and by pleading formula or method for calculating amount payable under policy

AUTO GLASS WIZARDS, INC. as assignee of GRACE ESTEVEZ, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County, Civil Division. Case No. COCE-15-011891, Division 55. October 6, 2015. Daniel J. Kanner, Judge. Counsel: Emilio Stillo, for Plaintiff. Dale L. Parker and Brendan J. McKay, Banker Lopez Gassler, St. Petersburg, for Defendant.

AGREED ORDER ON DEFENDANT’S MOTIONTO DISMISS PLAINTIFF’S COMPLAINT OR IN THEALTERNATIVE, MOTION FOR MORE DEFINITESTATEMENT AND MOTION TO TRANSFER VENUE

This cause, having come before the Court on Defendant’s Motion to Dismiss Plaintiff’s Complaint or in the alternative, Motion for More Definite Statement and Motion to Transfer Venue and on agreement of the parties, and the Court being otherwise being fully advised in the premises,

IT IS ORDERED AND ADJUDGED:

1. Motion to Dismiss Plaintiff’s Complaint or in the alternative, Motion for More Definite Statement and Motion to Transfer Venue is hereby Granted and thus, Plaintiff’s Complaint is dismissed without prejudice.

2. Defendant’s Motion to Transfer Venue is denied without prejudice. Defendant has the right to bring its Motion to Transfer Venue before the Court when the necessity arises.

3. Plaintiff must file an amended complaint within 30 days from the date this Order is entered that states, removes, attaches and is devoid of the following:

a. Attach a copy of the assignment and a copy of the invoice for the windshield repair or replacement underlying the above styled lawsuit.

b. Attach a copy of the contract Plaintiff is claiming Defendant breached.

c. Identifies the policy provision(s) Plaintiff believes Defendant breached.

d. Plead a formula or method under the provision(s) of Defendant’s policy for determining the amount payable for a windshield repair or replacement that if taken as true entitles Plaintiff to more than what they were paid by Defendant for the windshield repair or replacement at issue.

e. Identify the amount paid by Defendant to Plaintiff for the windshield repair or replacement underlying the above styled lawsuit.