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DOUGLAS SMITH, Plaintiff, v. SEMINOLE CASUALTY INSURANCE COMPANY, Defendant.

9 Fla. L. Weekly Supp. 57c

Insurance — Personal injury protection — PIP policy was in force on date of plaintiff’s accident and plaintiff is entitled to recover in full on claim, except as to lost wages

Additional ruling in this case at 8 Fla. L. Weekly Supp. 121a

DOUGLAS SMITH, Plaintiff, v. SEMINOLE CASUALTY INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County. Case No. 2000-6042 CC, Division H. October 17, 2001. William H. Seaver, Judge. Counsel: Suzette M. Alfonso, Alfonso & Ohall, P.A., Tampa, for Plaintiff.

ORDER GRANTING PLAINTIFF’S MOTION FORPARTIAL SUMMARY JUDGMENT/MOTION FORENTRY OF DECLARATORY JUDGMENT ASA MATTER OF LAW

The above matter came before this Court on the 26th day of September, 2001, on Plaintiff’s Motion for Partial Summary Judgment/Motion for Entry of Declaratory Judgment/Motion for Entry of Declatory Judgment as a Matter of Law and the Court having heard argument there and being fully advised herein, finds, orders and adjudges as follows:

1. That there was a policy of PIP insurance issued by Seminole Casualty Insurance Company insuring the Plaintiff, Douglas Smith, in force on November 26, 1997, the date of the accident in which Douglas Smith was injured.

2. That Plaintiff is entitled to recover in full on the claim involved herein, except as to all claims for loss of wages, both past and future.

3. That Plaintiff is entitled to and shall recover from Defendant, Seminole Casualty Insurance Co., attorneys fees in such amount as may be determined at a hearing to be held at a future time.

4. Plaintiff is hereby awarded court costs in such amount as he has expended and will expend until the conclusion of this case.

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