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SOUTH FLORIDA MEDICAL HEALTH CENTER, INC. a/a/o (Parra, Sergio), Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

24 Fla. L. Weekly Supp. 304a

Online Reference: FLWSUPP 2404PARRInsurance — Deductible

SOUTH FLORIDA MEDICAL HEALTH CENTER, INC. a/a/o (Parra, Sergio), Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No. 14-489 SP 24. May 17, 2016. Donald J. Cannava, Judge. Counsel: Karl A. Forrest, The Arias Law Group, P.A., Hollywood, for Plaintiff. Veresa Jones Adams and Shanelle Romilus, ROIG Lawyers, Deerfield Beach, for Defendant.

ORDER DENYING PLAINTIFF’S AMENDEDMOTION FOR FINAL SUMMARY JUDGMENTREGARDING MISAPPLICATION OF THE POLICYDEDUCTIBLE AND GRANTING DEFENDANT’S MOTIONFOR FINAL SUMMARY JUDGMENT REGARDINGAPPLICATION OF THE POLICY DEDUCTIBLE

THIS CAUSE, having come before this Honorable Court on Plaintiff’s Amended Motion for Final Summary Judgment Regarding Misapplication of the Policy Deductible and Defendant’s Motion for Final Summary Judgment Regarding Application of the Policy Deductible, and the Court having heard argument of counsel on both March 28, 2016 and May 16, 2016 and reviewed the legal authority submitted by the parties, and having otherwise been fully advised in the premises, finds as follows:

The Plaintiff’s Amended Motion for Final Summary Judgment Regarding Misapplication of the Policy Deductible is hereby DENIED, and Defendant’s Motion for Final Summary Judgment Regarding Application of the Policy Deductible is hereby GRANTED. The Court relies on the supporting arguments made on the record by the Defendant at both hearings, the pleadings, Digital Medical Diagnostics v. United Automobile Insurance Company958 So. 2d 505 (Fla. DCA 2007)[32 Fla. L. Weekly D1392a] and 627.736(4)(b), Fla. Stat.

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