28 Fla. L. Weekly Supp. 87a
Online Reference: FLWSUPP 2801PEREInsurance — Personal injury protection — Coverage — Emergency medical condition — Summary disposition is entered in favor of insurer where medical provider’s proposed witness on sole remaining issue of whether insurer received emergency medical condition determination from provider has been stricken
MCBP ORTHOPEDICS & NEUROSURGERY, PLLC a/a/o Natashia Perez-Ortiz, Plaintiff, v. CENTURY-NATIONAL INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. COCE19021988, Division 54. March 9, 2020. Florence Barner, Judge. Counsel: Landau & Associates, P.A., Sunrise, for Plaintiff. Alejandra Jay, McFarlane Dolan & Prince, Coral Springs, for Defendant.
ORDER ON DEFENDANT’S ORE TENUSMOTION FOR FINAL SUMMARY DISPOSITION
THIS CAUSE having come before the Court on February 17, 2020, upon the Defendant’s Ore Tenus Motion for Final Summary Disposition, and the Court having reviewed the entire Court file, having heard argument of counsel, and being otherwise advised in the premises, the Court finds as follows:
1. Pursuant to the parties’ filed stipulations and this Court’s prior rulings, the only issue left to be determined is whether the Defendant received an emergency medical condition determination from St. Joseph’s Hospital and/or Injury Centers of Central Tampa.
2. The Court finds that there are no triable issues left as the Plaintiff does not have a witness to testify in its case in chief, as to whether or not the hospital submitted an emergency medical condition determination to the Defendant, and the only remaining witness of record is Defendant’s witness. The Plaintiff’s proposed witness, Anicia Vicente, who was to testify as to the timely mailing of the EMC determination made by Injury Centers of Central Tampa was stricken at the Hearing held on February 14, 2020.
3. Therefore, Defendant’s Ore Tenus Motion for Final Summary Disposition is hereby GRANTED. The Plaintiff shall take nothing by this action and the Defendant shall go hence without day. The Court reserves jurisdiction to determine attorneys’ fees and costs owed to Defendant.
