25 Fla. L. Weekly Supp. 816b

Online Reference: FLWSUPP 2509WALFInsurance — Personal injury protection — Civil procedure — Filings submitted in opposition to plaintiff’s motion for summary judgment on issue of reasonableness, relatedness, and necessity of services provided were untimely — Further, affidavit submitted by insurer failed to place plaintiff on notice of its intended use in support of insurer’s opposition to plaintiff’s motion for summary judgment on fee schedule limitations

WILFREDO ALFONSO, Plaintiff, vs. STATE FARM AUTOMOBILE INSURANCE CO, A FLORIDA CORP., Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County, Civil Division. Case No. 13-13324 SP 25 (03). November 3, 2017. Patricia Marino-Pedraza, Judge. Counsel: Walter A. Arguelles, Arguelles Legal, P.L., Miami, for Plaintiff. Justin Seigwald, Vernis & Bowling, Miami, P.A., for Defendant.

ORDER GRANTING PLAINTIFF’S MOTION TOSTRIKE DEFENDANT’S NOTICE OF INTENT TO RELYON PRIOR FILINGS IN OPPOSITION TO PLAINTIFF’SMOTION FOR SUMMARY JUDGMENT ON RRN

THIS CAUSE came before the Court on the 30th and 31st days of October, 2017 upon Plaintiff’s Motion to Strike Defendant’s Notice of Intent to Rely on Prior Filings in Opposition to Plaintiff’s Motion for Summary Judgment on RRN (ore tenus and written motion), upon the Courts review it is:

ORDERED AND ADJUDGED as follows:

1. Granted, said notice of filing was untimely pursuant to Florida Rule of Civil Procedure 1.510(c).

2. Additionally, the affidavit failed to place Plaintiff on notice of its intended use in opposition to the Motion for Summary Judgment re RRN since it was clearly labelled “. . . in support of Defendant’s opposition to Plaintiff’s Motion for Summary Judgment on Fee Schedule Limitations.”