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CHERYL WARD, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

8 Fla. L. Weekly Supp. 200d

Insurance — Personal injury protection — Delay in payment of benefits — Interest

Additional ruling in this case at 10 Fla. L. Weekly Supp. 119b

CHERYL WARD, Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 00-9176-SC, Division I. January 2, 2001. Charlotte W. Anderson, Judge. Counsel: William C. Rocker, Timothy A. Patrick, P.A., Tampa, for Plaintiff. Karen Barnett, for Defendant.

ORDER ON PLAINTIFF’S MOTIONFOR PARTIAL SUMMARY JUDGMENT

THIS CAUSE having come before the Court on December 13, 2000, on Plaintiff’s Motion for Partial Summary Judgment, both parties appearing through counsel, having presented argument and the Court having reviewed the applicable case law, hereby orders as follows:

1. Plaintiff’s Motion for Partial Summary Judgment is hereby GRANTED in part as to the issue of statutory interest, based upon the authority of Government Employees Insurance Co. v. Michelle Figueroa, 7 Fla. L. Weekly. Supp. 505b (13th Judicial Circuit, (Appellate) Hillsborough County, Appeal Case No. 99-4386, May 22, 2000, Edward H. Ward, Judge);

2. The Court hereby reserves ruling as to the amount of interest owed to Plaintiff by Defendant until such time as the Court has ruled upon Defendant’s Motion for Summary Judgment relating to Plaintiff’s standing [See 9 Fla. L. Weekly Supp. 365a];

3. Plaintiff’s Motion for Partial Summary Judgment is DENIED in part as to the issue of Plaintiff’s lost wages.

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