9 Fla. L. Weekly Supp. 249b
Insurance — Personal injury protection — Standing — Assignment — Small claims — It is not necessary to attach copy of assignment in action for PIP benefits in small claims — Undated assignment that is blank as to provider is sufficient — Motion to apply Florida Rules of Civil Procedure granted
ALL FAMILY INJURY & WELLNESS CENTER, on behalf of Cynthia Fischer, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 6th Judicial Circuit in and for Pinellas County, Small Claims Division. Case No. 01-6068-SC-SPC. January 25, 2002. Karl B. Grube, Judge. Counsel: Paul Puzzanghera and Angela M. Stone, Paul Puzzanghera, P.A., St. Petersburg, for Plaintiff. Gerard P. Duignan, Oxendine & Oxendine, P.A., Tampa, for Defendant.
ORDER ON DEFENDANT’S MOTION TO DISMISS
THIS CAUSE having come before the Court on January 8, 2002, upon Defendant’s Motion to Dismiss, Defendant’s Motion to Compel, and Defendant’s Motion to Apply Rule 1.442, and the Court having heard argument of counsel and being otherwise fully advised in the issues, hereby rules as follows:
1. It is not necessary to attach a copy of the assignment in a case for personal injury protection benefits, especially in small claims where all the Plaintiff has to do is set forth a claim. See 26 Fla. L. Weekly D2704 (3rd DCA 2001).
2. The assignment attached to the Plaintiff’s Complaint was sufficient to defeat the Defendant’s Motion to Dismiss for lack of standing, despite the fact that the assignment was undated and blank as to the provider.
3. Defendant’s Motion to Compel is withdrawn.
4. The Florida Rules of Civil Procedure, in their entirety, shall be invoked in this case.
It is therefore ORDERED and ADJUDGED the Defendant’s Motion to Dismiss is DENIED, the Defendant’s Motion to Compel is MOOT, and the Defendant’s Motion to Apply Rule 1.442, Florida Rules of Civil Procedure GRANTED.
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