7 Fla. L. Weekly Supp. 734a
Civil procedure — Insurance — Uninsured motorist — Florida Rules of Civil Procedure and Florida statutes govern discovery in an uninsured motorist action after suit has been commenced for uninsured motorist benefits
CAROL BASSETTE, Plaintiff, v. THE STANDARD FIRE INSURANCE COMPANY, Defendants. Circuit Court, 13th Judicial Circuit in and for Hillsborough County, General Civil Division. Case No. 99-05464, Division “G”. February 7, 2000. James D. Whittemore, Judge. Counsel: George A. Vaka and Whitney L. Schmidt, Vaka, Larson & Johnson, P.L., Tampa, for Plaintiff. Kelly K. Gray; Charles E. McKeon.
ORDER ON PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
This cause having come before the Court on Plaintiff’s Motion for Summary Judgment at a hearing on Tuesday, January 25, 2000, and counsel for the parties having been present and argued the Motion, and the Court having considered the Memoranda submitted by the parties, the Affidavits and all other documents of the court file, and being otherwise fully apprised herein, it is
ORDERED AND ADJUDGED that Plaintiff’s Motion for Summary Judgment is GRANTED to the extent that discovery in this action, subsequent to the filing of the Complaint for uninsured motorist benefits, is governed by the Florida Rules of Civil Procedure and all applicable Florida Statutes. It is further
ORDERED AND ADJUDGED that Plaintiff’s Motion for Summary Judgment is DENIED in all other respects as this Court specifically finds that it is not necessary to declare any rights and duties of the parties pursuant to the policy as no justiciable issues on these matters are presented at this time.
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FINAL DECLARATORY JUDGMENT
PURSUANT to the Order of this Court granting Plaintiff’s Motion for Summary Judgment, it is ADJUDGED that having commenced a suit for uninsured and/or underinsured motorist benefits, that the Florida Rules of Civil Procedure and all applicable Florida Statutes concerning discovery govern the contract and the claim for such benefits as brought in Case No. 99-1423, Division “G.” The Court retains jurisdiction to determine entitlement and amount of costs and attorneys’ fees.
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