27 Fla. L. Weekly Supp. 482a
Online Reference: FLWSUPP 2705MANDInsurance — Personal injury protection — Consistent with appellate mandate, summary judgment entered in favor of insurer regarding medical provider’s failure to provide pre-suit documentation of emergency medical condition or respond to request for documentation and premature demand letter — Provider’s motion for attorney’s fees and costs is denied
HEALTH DIAGNOSTICS OF FT. LAUDERDALE, d/b/a STAND UP MRI OF FT. LAUDERDALE, a/a/o Martha J. Anderson, Plaintiff, v. USAA CASUALTY INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Miami-Dade County. Case No: 14-5989 SP 25. January 9, 2019. Linda Diaz, Judge. Counsel: Scott W. Dutton, Dutton Law Group, Tampa, for Defendant.
ORDER GRANTING DEFENDANT’S MOTION FORSUMMARY JUDGMENT REGARDING EMERGENCYMEDICAL CONDITION, FAILURE TO RESPOND TOREQUEST FOR INFORMATION, AND PREMATUREDEMAND LETTER; DENYING PLAINTIFF’S MOTION FORATTORNEY’S FEES AND COSTS; AND FINAL JUDGMENT[Prior report at 22 Fla. L. Weekly Supp. 1169a]
This matter came before the Court for hearing on March 11, 2015 on Defendant’s Motion for Summary Judgment Regarding Emergency Medical Condition, Failure to Respond to Request for Information, and Premature Demand Letter, and Plaintiff’s Motion for Attorney’s Fees and Costs, and the Court, having heard argument of counsel, having reviewed the record, and being otherwise duly advised in the premises, ORDERS AND ADJUDGES as follows:
In accordance with the Mandate and Opinion issued by the Appellate Division of the Eleventh Judicial Circuit attached as Exhibit A to this Order [editor’s note: published in this issue at 27 Fla. L. Weekly Supp. 463a], this court vacates its Order Granting Plaintiff’s Motion for Attorney’s Fees and Costs and Denying Defendant’s Motion for Summary Judgment that was entered on April 13, 2015, enters summary judgment in favor of Defendant, and denies Plaintiff’s Motion for Attorney’s Fees.
Accordingly, it is ORDERED AND ADJUDGED that the Motion for Summary Judgment Regarding Emergency Medical Condition, Failure to Respond to Request for Information, and Premature Demand Letter filed by the Defendant, USAA CASUALTY INSURANCE COMPANY, against the Plaintiff, Health Diagnostics of Ft. Lauderdale d/b/a Stand Up MRI of Ft. Lauderdale, a/a/o Martha J. Anderson, is GRANTED, and Plaintiff’s Motion for Attorney’s Fees and Costs is DENIED.
It is further ORDERED AND ADJUDGED that the Plaintiff, Health Diagnostics of Ft. Lauderdale d/b/a Stand Up MRI of Ft. Lauderdale, a/a/o Martha J. Anderson, shall take nothing, above the $842.43 received in the lawsuit, in this action and that Defendant, USAA Casualty Insurance Company, shall go hence without day. The Court reserves jurisdiction to determine the entitlement to and the amount of attorney’s fees and costs to Defendant. [Editor’s note: attorney’s fees order published in this issue at 27 Fla. L. Weekly Supp. 483a.]
