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EMILY McDONALD, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

8 Fla. L. Weekly Supp. 199d

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

EMILY McDONALD, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 99-9932 CC, Division J. December 3, 2000. Eric Myers, Judge. Counsel: William C. Rocker, Timothy A. Patrick, P.A., Tampa. Gerard P. Duignan.

AGREED 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 stipulating through counsel, it is hereby:

ORDERED and ADJUDGED that

1. Plaintiff’s Motion for Partial Summary Judgment is hereby GRANTED, pursuant to Government Employees Insurance Co. v. Michelle Figueroa, 7 Fla. L. Wkly. Supp. 505 (13th Judicial Circuit, (Appellate) Hillsborough County, Appeal Case No. 99-4386, May 22, 2000, Edward H. Ward, Judge) and Joanna McNally v. Allstate Insurance Co., 5Fla. L. Wkly. Supp. 632 (20th Judicial Circuit, May 14, 1998);

2. The Court hereby reserves ruling as to the amount of interest owed to Plaintiff by Defendant.

3. The Court hereby reserves ruling as to amount of attorney’s fees and costs owed to Plaintiff by Defendant.

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