JACQUELINE PENNYWELL, as natural parent and guardian of, ASHLEY PENNYWELL, a minor, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 6th Judicial Circuit in and for Pinellas County. Case No. 02 9932 CO 41. September 5, 2003. Myra Scott McNary, Judge. Counsel: Chandra L. Miller, Thompson Goodis Thompson Groseclose & Richardson, P.A., St. Petersburg. Harvey Hesse, III.
ORDERED and ADJUDGED as follows:
1. The Release filed with this Court on August 21, 2003 was signed by Ashley Pennywell on or about December 19, 2002.
2. The Release states that Progressive Express Insurance Company is discharged from “any and all claims, actions, causes of actions, demands, rights, damages, costs, property damage, loss of wages, expenses, attorney's fees and interest, direct or derivative, known or unknown, on account of or in any way arising out of the ownership or operation of an uninsured/underinsured automobile by Erma Haskedakes.”
3. The language in the Release is the best evidence of the intent of the parties. The record reflects that the breadth of the release is clear and unambiguous. The court finds that the Release entered into between ASHLEY PENNYWELL and Defendant covers and includes the claims in the lawsuit before this Court and styled JACQUELINE PENNYWELL, as natural parent and guardian of, ASHLEY PENNYWELL, a minor, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, bearing Case No. 02 9932CO41.
4. Plaintiff is barred from pursuing any claim against PROGRESSIVE, because of ASHLEY PENNYWELL'S execution of this release.
5. There is no genuine issue as to any material fact.
6. As such, PROGRESSIVE EXPRESS INSURANCE COMPANY is entitled to judgment as a matter of law.
7. The Defendant's Motion for Final Summary Judgment GRANTED.
IT IS ADJUDGED that the Plaintiff, JACQUELINE PENNYWELL, as natural parent and guardian of ASHLEY PENNYWELL, a minor, take nothing by this action and that Defendant, PROGRESSIVE EXPRESS INSURANCE COMPANY, go hence without day.
This Honorable Court retains jurisdiction to determine entitlement to and amount of fees and costs to be assessed against Plaintiff.
Abraham Ovadia, Esq.
Florida PIP Law Firm, PA
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