23 Fla. L. Weekly Supp. 762a
Online Reference: FLWSUPP 2307PEREInsurance — Personal injury protection — Coverage — Lawfully rendered services — Evidence — Judicial notice — Insurer’s request for compulsory judicial notice of final order of state board of medicine barring treating physician from practice of medicine is granted where medical provider has been given sufficient notice of request to enable it to meet request
DORAL MEDICAL REHAB CENTER, INC., A/A/O FERNANDO PEREZ, Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County, Civil Division. Case No. 2014-11988-CC-05 02. November 10, 2015. Honorable Teretha Lundy Thomas, Judge. Counsel: Jerome LaTorre, Law Offices of Gonzalez and Associates, Miami, for Plaintiff. Michael P. Hughes and Camille Riviere, Law Offices of Camille D. Riviere, Medley, for Defendant.
[Editor’s Note: Rehearing denied November 30, 2015]ORDER GRANTING DEFENDANT’S REQUESTFOR COMPULSORY JUDICIAL NOTICE OF FinalOrder No. DOH 12-1627 of the State of Florida Board ofMedicine (Department of Health Case No. :2011-07524)
THIS CAUSE came before the Court for consideration of the Defendant’s Request for Compulsory Judicial Notice of the Final Order No. DOH 12-1627 of the State of Florida Board of Medicine (Department of Health Case No. :2011-07524) pursuant to Florida Statutes §627.736, §90.202, and §90.203, and the Court having reviewed the Request, having considered argument of counsel, and having been sufficiently advised in the premises, the Court finds as follows:
1. This case involves a claim for Personal Injury Protection Benefits pursuant to a Policy of Insurance issued by the Defendant, PROGRESSIVE, and the Florida Motor Vehicle No Fault Act, Florida Statute §627.736, et seq.
2. The HCFA medical bills submitted for reimbursement contained dates of service 10/08/13 through 11/15/13 and indicate a rendering provider id no. 1164480646 which corresponds with that of Ramiro J. Abaunza.
3. The above dates of service were allegedly rendered on or after the date Ramiro Abaunza offered to voluntary relinquish license No.: ME0038829. The State of Florida Board of Medicine entered a Final Order on August 16th 2012 agreeing to the relinquishment and barring Ramiro Abaunza from the practice of medicine.
4. The Florida Evidence Code authorizes a Court to take Judicial Notice of certain items. Specifically, §90.202 addresses those items which a Court may take Judicial Notice and states in relevant part that;
90.202 Matters which may be judicially noticed. — A court may take judicial notice of the following matters, to the extent that they are not embraced within s. 90.201:
(5) Official actions of the legislative, executive, and judicial departments of the United States and of any state, territory, or jurisdiction of the United States.
(12) Facts that are not subject to dispute because they are capable of accurate and ready determination by resort to sources whose accuracy cannot be questioned.
5. Under Fla. Stat. §90.203 entitled; Compulsory judicial notice upon request. — A court shall take judicial notice of any matter in s. 90.202 when a party requests it and: (1) Gives each adverse party timely written notice of the request, proof of which is filed with the court, to enable the adverse party to prepare to meet the request. (2) Furnishes the court with sufficient information to enable it to take judicial notice of the matter.
6. Defendant has timely requested this Court to take compulsory judicial notice of the Final Order No. DOH 12-1627 of the State of Florida Board of Medicine (Department of Health Case No. :2011-07524, under Fla. Stat. §90.203.
7. Final Order No. DOH 12-1627 of the State of Florida Board of Medicine Department of Health Case No.:2011-07524. The Final Order can be verified/found at the Florida Department of Health Final Order and Action website which can be located at;
8. This Court having been requested to take judicial notice and provided with sufficient proof to enable the adverse party to meet this request, hereby takes judicial notice of said Final Order.
ORDERED that Defendant’s Request for Compulsory Judicial Notice is GRANTED.
