24 Fla. L. Weekly Supp. 866a
Online Reference: FLWSUPP 2410BUILInsurance — Standing — Dissolved corporation — Medical provider dissolved as result of failure to file annual report with Florida Department of State is ordered to file report to reinstate active status within 30 days — If provider fails to reinstate, case will be dismissed
DORAL HEALTH CENTER PA a/a/o Jorge Builes, Plaintiff, vs. GEICO INDEMNITY COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County, General Jurisdiction Division. Case No. 13-2055-SP-24. December 14, 2016. Donald J. Cannava, Judge. Counsel: The Patiño Law Firm, Hialeah, for Plaintiff. Wesley B. Colgan III, The Law Office of Haydee De La Rosa-Tolgyesi, Coral Gables, for Defendant.
ORDER ON DEFENDANT’S MOTION TODISMISS AND OBJECTION TO DISCOVERY
THIS CAUSE having come before the Court upon the Defendant’s Motion to Dismiss and Objection to Discovery, and the Court having heard argument of counsel and being otherwise advised in the premises,
IT IS HEREBY ORDERED AND ADJUDGED as follows:
RULING RESERVED. Plaintiff shall reinstate active status with the Florida Department of State within thirty (30) days of the date of this Order. While a dissolved corporation may maintain and/or defend a legal action, when the dissolution of the corporation is specifically a result of a failure to file an annual report, the corporation must file the appropriate annual report to maintain an action. See F.S.A. §607.1622(8), Trans Health Mgmt. v. Nunziata, 159 So.3d 850 (Fla. 2nd DCA 2014) [40 Fla. L. Weekly D43a]; Allied Roofing Industries, Inc. v. Denilo Venegas, 862 So.2d 6 (Fla. 3rd DCA 2003) [28 Fla. L. Weekly D1623a] (holding that a corporation that was reinstated should have been given the initial opportunity to reinstate prior to dismissal of its action and the action also should not have been dismissed after reinstatement). As set forth in Nunziata, if the Plaintiff fails to so reinstate, Plaintiff’s case shall be dismissed without further hearing. All Discovery is stayed pending Plaintiff’s reinstatement in compliance with this Order.
