Insurance -- Personal injury protection -- Voluntary dismissal -- Striking -- Under rule 1.540(b), trial court has jurisdiction to consider and rule

Insurance -- Personal injury protection -- Voluntary dismissal -- Striking -- Under rule 1.540(b), trial court has jurisdiction to consider and rule on insurer's motion to strike medical provider's notice of voluntary dismissal without prejudice -- Notice of voluntary dismissal filed after court granted provider's motion for summary judgment is void -- Because motion to strike attacks void dismissal, fact that motion was filed more than one year after filing of notice of voluntary dismissal is of no consequence -- Statutory fee schedules -- Clear and unambiguous election by insurer -- Insurer's motion for rehearing is granted based on Florida Supreme Court decision in Orthopedic Specialists -- Where provider previously represented to court that case involved pure issue of law regarding whether policy provided sufficient notice of intent to limit reimbursement to statutory fee schedules, provider is estopped from now raising other issues to avoid entry of final judgment in favor of insurer

Marco Island Office

Map & Directions | Email Us

651 South Collier Blvd., Suite 2H
Marco Island, FL 34145
239-430-0001 fax 239-430-0002

JoomShaper