FRANCISCO M. GOMEZ, M.D., P.A., (As Assignee of Isabel Hing), Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant.

8 Fla. L. Weekly Supp. 200c

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

FRANCISCO M. GOMEZ, M.D., P.A., (As Assignee of Isabel Hing), Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 2000-4283 SC, Division K. December 27, 2000. Gaston Fernandez, Judge. Counsel: William C. Rocker, Timothy A. Patrick, P.A., Tampa. Gerard P. Duignan.

ORDER

THIS CAUSE having come before the Court on December 4, 2000, on Plaintiff’s Motion for Partial Summary Judgment and Notice for Jury Trial, both parties appearing through counsel and the Court having heard argument of counsels, 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., 5 Fla. L. Wkly. Supp. 632 (20th Judicial Circuit, May 14, 1998);

2. Plaintiff’s Notice for Jury Trial is hereby DENIED;

3. The Court has referred this matter to Mediation; and

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

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