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United Automobile Insurance Company, a Florida corporation, Appellant, v. Miami Dade County MRI Corp., Health Diagnostic of Miami, LLC., d/b/a Stand Up MRI of Miami Hallandale Open MRI, LLC., and Open MRI of Miami Dade, Appellees.
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Affirmed. § 86.011, Fla. Stat. (2010) (“The circuit and county courts have jurisdiction within their respective jurisdictional amounts to declare rights․”); United Auto. Ins. Co. v. Kendall S. Med. Ctr., 36 Fla. L. Weekly D142 (Fla. 3d DCA Jan. 19, 2011) (“[T]he Miami-Dade Circuit Court has jurisdiction of a declaratory action only if the amount in controversy exceeds $15,000 and only the county court has jurisdiction of any amount in controversy less than $15,000.”); Canonico v. Devine, 130 So.2d 319, 321 (Fla. 3d DCA 1961) (“Separate and unrelated demands cannot be joined to give jurisdiction to a court which does not have jurisdiction of any one of the claims because each is below the amount required to give jurisdiction to the court.”); see also § 627.428, Fla. Stat. (2010) (“Upon the rendition of a judgment or decree ․ against an insurer and in favor of any named or omnibus insured ․ the trial court ․ shall adjudge ․ in favor of the insured ․ a reasonable sum as fees.”); Dawson v. Aetna Cas. & Sur. Co., 233 So.2d 860, 861 (Fla. 3d DCA 1970) (insured entitled to a fee award upon dismissal of an action brought by insurer even though the same issue was then pending in an administrative proceeding).
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Docket No: No. 3D10-848 Consolidated: 3D09-3102
Decided: March 09, 2011
Court: District Court of Appeal of Florida, Third District.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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