Filing 56

ORDER denying 36 Motion for Summary Judgment; granting 39 Motion for Summary Judgment. 1. Plaintiff's motion for summary judgment 36 is denied.2. Defendant's motion for summary judgment 39 is granted. 3. The Clerk is directed to enter declaratory judgment for Defendants. 4. The Court shall retain jurisdiction over this matter to consider the issues of costs and attorneys fees pursuant to Fla. Stat. § 627.428. Motions for attorneys fees and costs shall be filed not later than March 10, 2011. Signed by JUDGE RICHARD SMOAK on 2/24/2011. (jcw)

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