Volume 12

12 Fla. L. Weekly Supp. 306b

Insurance — Uninsured motorist — Collateral setoff — Motion for rehearing in appeal and cross-appeal of judgment awarding damages, attorney’s fees, and costs to plaintiff who was passenger in vehicle rear-ended by uninsured motorist in action against UM carrier of driver of vehicle in which plaintiff rode — Motion is granted in part — In ruling that trial court abused its discretion by awarding PIP setoff after trial in absence of stipulation to presentation of PIP setoff evidence to trial judge after trial, appellate court ruled on issue not raised in cross-appeal and prevented insurer from presenting evidence of parties’ stipulation to have collateral source setoff heard by judge post trial — Evidence — Hearsay — Exception — Business records — Although supplementary evidence of parties’ stipulation reveals trial court did not abuse discretion in hearing collateral source setoff post trial, court erred in setting off amount based in part on documents of plaintiff’s now-insolvent PIP carrier which were inadmissible, due to lack of proper foundation and trustworthiness, where there was no record custodian to testify as to how records were generated

12 Fla. L. Weekly Supp. 236a

Attorney’s fees — Insurance — Prevailing insurer is awarded attorney’s fees for handling of case from time of service of proposal for settlement

12 Fla. L. Weekly Supp. 395b

Insurance — Settlement — Defendant’s motion for reconsideration of order entered by predecessor judge granting plaintiff’s motion to enforce settlement agreement and imposing sanctions against defendant for failure to comply with the terms of the settlement — Correspondence which was known to defendant and some of defendant’s attorneys prior to hearing, but which was not brought to the covering attorney’s attention, not basis for reconsideration — Correspondence did not unequivocally establish the defendant’s entitlement to prevail, nor does court’s failure to consider the correspondence result in harmful error which in interest of justice should be corrected — Relief from judgment — Motion for reconsideration which was unsworn could not be treated as rule 1.540 motion and, in any event, problem giving rise to motion was created by defendant, who in exercise of due diligence should have been able to properly present it to court — With respect to payment ordered by predecessor judge, defendant had more than sufficient time to produce sum and should have provided the sum to plaintiff, even if it believed it would be successful with its request for reconsideration

12 Fla. L. Weekly Supp. 397a

Insurance — Personal injury protection — Venue — Forum non conveniens — Where insurer’s motion to transfer venue from Broward County to Orange County states that the accident occurred and the accident witnesses are located in Orange County and insured received treatment in Orange County from a doctor who has since relocated to Broward County, but insurer failed to set forth anticipated substance or significance of testimony of witnesses, trial court is unable to properly weigh the convenience of key witnesses and insurer has failed overcome medical provider’s forum selection by showing substantial inconvenience or undue expense — Motion to transfer venue denied

12 Fla. L. Weekly Supp. 336d

Insurance — Personal injury protection — Venue — Forum non conveniens — Order granting motion to transfer venue is affirmed where there are significantly more contacts in transferee county — Trial court did not abuse discretion in determining when motion to transfer could be filed

12 Fla. L. Weekly Supp. 1074a

Insurance — Personal injury protection — Venue — Forum non conveniens — Where insurer whose claims office is located in Hillsborough County will be substantially inconvenienced and incur undue expense in defending suit in Orange County, Sumter County is convenient forum for matter since insured lives in and had accident in that county, and parties and witnesses have no connection or contact with Orange County, venue is transferred from Orange County to Sumter County

12 Fla. L. Weekly Supp. 390a

Insurance — Personal injury protection — Summary judgment — Motion for summary judgment is premature where answer has not yet been filed, medical provider has not conclusively established that insurer cannot properly serve answer which could raise issue of material fact, and discovery has not been completed — Further, motion is not supported by affidavit or other sworn proof

12 Fla. L. Weekly Supp. 206a

Insurance — Personal injury protection — Summary judgment — Untimely filed affidavit containing conclusory statements did not create genuine issue of material fact

12 Fla. L. Weekly Supp. 344a

Insurance — Personal injury protection — No error in granting final summary judgment to insurer and denying medical provider’s motion for summary judgment as to attorney’s fees — Suit for unpaid claim for Flex C.S.O. Support was premature where medical provider filed suit prior to providing invoice for support requested by insurer, and insurer made full payment of claim within ten days of receiving invoice pursuant to court order compelling production

12 Fla. L. Weekly Supp. 370a

Insurance — Personal injury protection — Standing — Assignment — Where named plaintiff as originally filed and as in amended complaint are different from entity named in assignment, assignment does not confer standing on plaintiff — Summary judgment granted in favor of insurer