18 Fla. L. Weekly Supp. 1167a
Online Reference: FLWSUPP 1811ARTI
Insurance — Declaratory judgment — Case or controversy — Medical provider need not seek monetary damages in order to pursue declaratory relief as to amount of benefits recoverable
TAMPA BAY IMAGING, LLC, as assignee of MAYUMI ARTILES, Plaintiff, v. AMICA MUTUAL INSURANCE COMPANY, a foreign corporation, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 09-09231, Division J. November 17, 2010. Honorable Gaston Fernandez, Judge.
ORDER ON DEFENDANT’S MOTION
FOR SUMMARY JUDGMENT
THIS MATTER, having come before the Court on the morning of November 5, 2010, on the Defendant’s Motion for Summary Judgment, present for the Plaintiff Philip A. Friedman, Esq. and for Defendant Douglas M. Fraley, Esq., and the Court being apprised of argument of counsel hereby:
ORDERED and ADJUDGED:
1. This matter, a declaratory judgment to determine the proper fee schedule upon which Defendant was minimally required to reimburse Plaintiff and the Defendant arguing exhaustion of benefits renders Plaintiff’s complaint moot as there is no present case or controversy. This court hereby denies Defendant’s Motion for Summary Judgment based upon this Court’s prior ruling on the Defendant’s Motion to Dismiss, including the case law cited therein. [17 Fla. L. Weekly Supp. 385a]
