Plaintiff presented a defective Assignment of Benefits (“AOB”). The defense of the case was predicated on the defective AOB and we moved for dismissal on behalf of Defendant. Plaintiff attempted to cure the AOB after litigation began. The Court agreed with Defendant that standing cannot be cured post-litigation. Defendant served a proposal for settlement with Release. The Court upheld the validity of the PFS, with the release as a non-monetary term based upon FS 627.4265 and granted Defendant’s entitlement to recovery of fees and costs. Final Order entered in Defendant’s favor for recovery of $9,676.50 in fees and costs in defense of this non-meritorious claim. Ms. Nikki Hawkins, Chair of the First Party Property Division worked diligently to secure this win on behalf of our client.
