23 Fla. L. Weekly Supp. 285b

Online Reference: FLWSUPP 2303MARSInsurance — 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 and by stating policy provisions breached, and formula for calculating amount payable under policy

CLEAR VISION WINDSHIELD REPAIR, LLC, as assignee of Terri Marshall, Plaintiff, v. STATE FARM FIRE AND CASUALTY COMPANY and STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendants. County Court, 17th Judicial Circuit in and for Broward County, Civil Division. Case No. COCE-14-016990, Division 51. May 8, 2015. Martin R. Dishowitz, Judge. Counsel: Michael Cerasa, for Plaintiff. Brendan J. McKay, Banker Lopez Gassler, St. Petersburg, for Defendant.

AGREED ORDER ON DEFENDANT’S AMENDEDMOTION TO DISMISS PLAINTIFF’S AMENDEDCOMPLAINT, OR IN THE ALTERNATIVE,MOTION FOR MORE DEFINITE STATEMENT,MOTION TO TRANSFER VENUE ANDSUPPORTING MEMORANDUM OF LAW

This cause, having come before the Court on Defendant’s Amended Motion to Dismiss Plaintiff’s Amended Complaint, Motion to Transfer Venue and Supporting Memorandum of Law and on agreement of the parties, and the Court being otherwise being fully advised in the premises,

IT IS ORDERED AND ADJUDGED:

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

2. This Court reserves ruling on Defendant’s Motion to Transfer Venue.

3. Plaintiff must file a Second 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. Identify the policy provision(s) Plaintiff believes we breached.

d. Pleads a formula or method under the provision(s) of Defendant’s policy for determining the amount payable for a windshield repair or replacement that qualifies as a covered loss under the applicable insurance policy and if taken as true entitles Plaintiff to more than what they were paid by Defendant.

4. Defendant must file a response to Plaintiff’s Second Amended Complaint within 20 days of being served with the Second Amended Complaint.