STEVEN DAIGNAULT, CAROLYN DAIGNAULT AND RICHARD DAIGNAULT, APPELLANTS,
v.
ALLSTATE INSURANCE COMPANY, APPELLEE

Fla. 5th DCA | 1986-02-06
No. 85-698
DAUKSCH, ORFINGER and COWART, JJ., concur.
484 So. 2d 43 Florida District Court of Appeal, Fifth District (1986) Caution
Cited by 34 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal from an order denying modification of an award of an arbitration panel in an uninsured motorist claim against the injured claimant’s insurance company. Appellant claims and the record confirms that the arbitration panel did not require compensation for claimant’s future medical expenses and taxable costs in pursuing the arbitration claim. See State Farm Mutual Automobile Insurance Co. v. Rutkin, 199 So. 2d 705 (Fla.1967); Bennett v. Florida Farm Bureau Casualty Insurance Co., 477 So. 2d 608 (Fla. 5th DCA 1985); American Indemnity Co. v. Comeau, 419 So. 2d 670 (Fla. 5th DCA 1982). While we recognize there is some possibility that appellant will not benefit from an award for future medical expense because such award may go to another insurer, we are inclined to grant the requested relief. The order is reversed and the cause remanded to the circuit court for an award of appropriate taxable costs and remand to the arbitrators for reconsideration of the future medical compensation.

REVERSED and REMANDED.

DAUKSCH, ORFINGER and COWART, JJ., concur.


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  • Venetian Salami Co. v. J.S. Parthenais, 554 So. 2d 499 (Fla. 1989)
    …nitially, the plaintiff may seek to obtain jurisdiction over a nonresident defendant by pleading the basis for service in the language of the statute without pleading the supporting facts. Fla.R.Civ.P. 1.070(i); Jones v. Jack Maxton Chevrolet, Inc., 484 So. 2d 43 (Fla. 1st DCA 1986). By itself, the filing of a motion to dismiss on grounds of lack of jurisdiction over the person does nothing more than raise the legal sufficiency of the pleadings. Elmex Corp. v. Atlantic Fed. Savings & Loan Ass’n, 325 So. 2d 5…
  • Martin Acquadro, M.D. v. Bergeron, 851 So. 2d 665 (Fla. 2003)
    …ially, the plaintiff may seek to obtain jurisdiction over a nonresident defendant by pleading the basis for service in the language of the statute without pleading the supporting facts. Fla. R. Civ. P. 1.079(f); Jones v. Jack Maxton Chevrolet, Inc., 484 So. 2d 43 (Fla. 1st DCA 1986). By itself, the filing of a motion to dismiss on grounds of lack of jurisdiction over the person does nothing more than raise the legal sufficiency of the pleadings. Elmex Corp. v. Atlantic Fed. Savings & Loan Ass’n, 325 So. 2d […
  • Orbe v. Orbe, 651 So. 2d 1295 (Fla. 5th DCA 1995)
    …So. 2d 693 (Fla. 1st DCA 1992); Unger v. Publisher Entry Service, Inc., 513 So. 2d 674 (Fla. 5th DCA 1987), rev. denied, 520 So. 2d 586 (Fla.1988); Miller v. Marriner, 403 So. 2d 472 [*1297] (Fla. 5th DCA 1981); Jones v. Jack Maxton Chevrolet, Inc., 484 So. 2d 43, 46 (Fla. 1st DCA 1986). An unsworn motion is insufficient to meet the defendant’s burden. Davis v. Dempsey, 343 So. 2d 950 (Fla. 3d DCA 1977). All well pleaded allegations in the petition are admitted as true by the motion. Olin’s, Inc. v. Avis Ren…

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