21 Fla. L. Weekly Supp. 825a
Online Reference: FLWSUPP 2108MARSInsurance — Summary disposition — Where evidence clearly establishes that insurer paid full amount in issue subject to IRS withholding, and medical provider accepted payment without objection, summary disposition is entered in favor of insurer
HEALTH DIAGNOSTICS OF FORT LAUDERDALE, LLC, D/B/A STAND UP MRI OF FORT LAUDERDALE, A/A/O DANETTE MARSHALL, Plaintiff, vs. DAIRYLAND INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. CONO 08-003478-70. November 20, 2009. Honorable Edward H. Merrigan, Jr., Judge. Counsel: Laura Myers, Cooper City, for Plaintiff. Neil V. Singh, Law Offices of Neil V. Singh, Fort Lauderdale, for Defendant.
AMENDED FINAL SUMMARY DISPOSITION FORDEFENDANT DAIRYLAND INSURANCE COMPANY
THIS CAUSE having come on before this Court on July 7th, 2009, on Defendant DAIRYLAND INSURANCE COMPANY’S Motion for Final Summary Disposition, and the subsequent Motion for Reconsideration on October 20, 2009. After review of all the evidence, and having heard argument by counsel, the Court entered Summary Disposition in favor of this Defendant. Wherefore it is ORDERED and ADJUDGED:
The evidence on the record clearly establishes that Defendant, DAIRYLAND INSURANCE COMPANY, paid the full amount of the bill at issue subject to withholding by the IRS. Moreover, the Plaintiff; HEALTH DIAGNOSTICS OF FORT LAUDERDALE, LLC, D/B/A STAND UP MRI OF FORT LAUDERDALE, A/A/O DANETTE MARSHALL, was placed on notice of payment including the IRS withholding and nevertheless accepted same without objection. Accordingly, there is no triable issue and Plaintiff HEALTH DIAGNOSTICS OF FORT LAUDERDALE, LLC, D/B/A STAND UP MRI OF FORT LAUDERDALE, A/A/O DANETTE MARSHALL, shall take nothing by this action against Defendant, DAIRYLAND INSURANCE COMPANY, and shall go hence without day. The court reserves jurisdiction to determine defense fees and costs against Plaintiff.
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