6 Fla. L. Weekly Supp. 289a

Insurance — Personal injury protection — Plaintiff who owned no motor vehicle which provided No-Fault benefits, resided with no relatives that owned a motor vehicle, and was not, according to jury verdict, a resident of Florida on date of accident was not an insured or omnibus insured under contract in question

VICENTE MALDONADO, Plaintiff, vs. ALLSTATE INSURANCE COMPANY, Defendant. County Court for Manatee County. Case No. CL95-696. December 26, 1996. Kenneth Douglas Henderson, Judge. Counsel: Perry Tanksley, Sarasota, for Plaintiff. Randy L. Stowell, Reynolds & Stowell, P.A., St. Petersburg, for Defendant.

[Editor’s note: See 6 Fla. L. Weekly Supp. 790a; REVERSED at 26 Fla. L. Weekly D1619a]

FINAL JUDGMENT

This action was tried before the Court on Plaintiff’s Amended Complaint For Declaratory Judgment which demanded the Court construe whether the policy of insurance issued by the Defendant, ALLSTATE INSURANCE COMPANY, provides personal injury protection coverage to the Plaintiff, VINCENTE MALDONADO, for medical and transportation expenses incurred as a result of an accident which occurred on August 19, 1993.

The Plaintiff contended he owned no motor vehicle which provided No-Fault benefits, resided with no relatives that owned a motor vehicle, and was a resident of Manatee County at the time of the accident.

The issue of whether the Plaintiff was a resident of Florida, as is required under Fla. Stat. 627.736(4)(b)(4), on the subject date was tried before a jury and on the 19th day of November, 1996 the jury rendered a verdict that the Plaintiff was not a resident of the State of Florida on August 19, 1993.

Pursuant to the pleadings and the verdict rendered in this action,

IT IS ADJUDGED AND DECLARED that the insurance policy issued by the Defendant, ALLSTATE INSURANCE COMPANY, does not provide coverage for personal injury protection benefits to the Plaintiff, VINCENTE MALDONADO, for the subject accident and that the Plaintiff was not an insured or omnibus insured under the contract in question;

IT IS FURTHER ADJUDGED AND DECLARED that the Plaintiff, VINCENTE MALDONADO, take nothing by this action and that the Defendant, ALLSTATE INSURANCE COMPANY, go hence without day.

The Court further awards costs to the Defendant as follows:

            2/8/96      Clerk of Court Fee for Issuance of Subpoena           1.00            Vincent Lucente & Associates            3/27/96     Attendance fee on Elaine Vaughn                      35.00            11/6/96     Clerk of Court Fee for Issuance of Trial                        Subpoenas and Witness Fees                           51.00            7/19/96     Copying Charge  —  Deposition Transcript                28.66                        Total Costs                                       $ 115.66                                                     

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