23 Fla. L. Weekly Supp. 364b
Online Reference: FLWSUPP 2304SGARInsurance — Dismissal — Where medical provider has filed duplicate lawsuits, second filed suit is dismissed without prejudice to continuing litigation of first filed suit
ZAIR MEDICAL SERVICE INC A/A/O SUSANA GARCIA, Plaintiff, v. PROGRESSIVE AMERICAN INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami Dade County, Civil Division. Case No. 15-010635 CC-23 (04). August 26, 2015. Honorable Jason E. Dimitris, Judge. Counsel: Rob Seitz and Angelica M. Gentile, Landau and Associates, Hallandale Beach, for Plaintiff. Michael P. Hughes, Law Offices of Camille D. Riviere, South Florida PIP House Counsel, Medley, for Defendant.
ORDER ON DEFENDANT’S MOTION TODISMISS AND MOTION TO STRIKE PLAINTIFF’SCLAIM FOR ATTORNEY’S FEES AND COSTS
THIS CAUSE having come on to be heard on Defendant’s Motion to Dismiss and Motion to Strike Plaintiff’s Claim for Attorney’s Fees and Costs, and the Court having heard the argument of counsel, and being otherwise advised in the premises, it is hereby,
ORDERED AND ADJUDGED that said Motion is hereby GRANTED. Plaintiff has filed duplicate lawsuits involving the same claimant, provider, defendant, date of loss, and treatment dates. This lawsuit is the second in time filed lawsuit. This Court having taken judicial notice of the first in time lawsuit [23 Fla. L. Weekly Supp. 364a], and in accordance with the rationale of Leslie Fay Retail Outlets, Inc. v. Gallery Manufacturing Corp., 653 So. 2d 1106 (Fla. 3d DCA 1995) [20 Fla. L. Weekly D958a] dismisses the instant lawsuit without prejudice to continue litigating the first in time filed lawsuit. Therefore, this Court will not address the application of Fla. Stat. §627.736(15) to this case as it is no longer needed.
