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CASES v. GRAY

No. 3D03-1587.

894 So.2d 268 (2004)

Daniel CASES, Appellant, v. Richard A. GRAY, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 22, 2004.

Attorney(s) appearing for the Case

Kubicki Draper and Sharon C. Degnan and Caryn L. Bellus, Miami, for appellant.

Parks Camp and Daryl D. Parks (Tallahassee), for appellee.

Before SCHWARTZ, C.J., and SHEVIN, J., and DAUKSCH, JAMES C., Jr., Senior Judge.

SCHWARTZ, Chief Judge.

The issue before the court is precisely the one involved in Holt v. King, 707 So.2d 1141, 1142 (Fla. 4th DCA 1998):

"[W]hether an insured tortfeasor, appellant in this case, is entitled to a set-off for Personal Injury Protection (PIP) when the claimant is uninsured in contravention of Florida's no-fault laws."

The trial court in this case disallowed the appellant a PIP setoff. As...

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