23 Fla. L. Weekly Supp. 1063b
Online Reference: FLWSUPP 2310WEEMInsurance — Personal injury protection — Confession of judgment — Summary judgment — Factual issue — Medical provider’s motion for summary judgment seeking determination that insurer has confessed judgment is denied where there exists genuine issue of fact as to whether payment made by insurer constitutes confession of judgment
SUNLAKE PAIN MANAGEMENT, LLC, dba SUNLAKE MEDICAL ASSOCIATES aao MANDY WEEMS, Plaintiff, v. WINDHAVEN INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 15-CC-027091, Division I. February 22, 2016. Honorable Joelle Ann Ober, Judge. Counsel: John Mollaghan, Windhaven Managers, Doral, for Defendant.
ORDER DENYING PLAINTIFF’S MOTIONFOR SUMMARY JUDGMENT
THIS MATTER having come before this Court at a hearing on Plaintiff’s Motion for Summary Judgment on January 25, 2016, and the Court having reviewed the Plaintiff’s Motion, Defendant’s Response, and relevant case law; considered argument of counsel; and being otherwise fully advised, finds:
Florida Statutes section 627.736(10) does not specify the method of computing time, as such, rule 2.514 applies. The Complaint in this matter was filed on August 17, 2015. The summary judgment evidence reflects more than one potential date the notice was received by the insurer; however, even given the benefit of the earlier notice date, July 17, 2015, the thirtieth (30) day would have been August 17, 2015. See Fla. R. Jud. Admin. 2.514(a)(1).
Based on the foregoing, there exists genuine issue of material fact with regard to whether the payment made by the Defendant in this matter constitutes a confession judgment; therefore it is ORDERED AND ADJUDGED Plaintiff’s Motion for Summary Judgment seeking a determination that the Defendant has confessed judgment and/or waived its defenses in this matter is DENIED.
