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BENITES v. ALMEIDA

Nos. 3D06-1132, 3D06-2404.

973 So.2d 498 (2007)

Luis BENITES, Appellant/Appellee, v. Marcos ALMEIDA and Nara Almeida, Appellees/Appellants.

District Court of Appeal of Florida, Third District.

December 12, 2007.

Attorney(s) appearing for the Case

Simon, Schindler & Sandberg, LLP, Miami, and Anthony V. Falzon, for appellant/appellee.

Shelley Senecal, for appellees/appellants.

Before COPE, GREEN, and SALTER, JJ.

COPE, J.

The main issue we address in these consolidated appeals involves the application of a setoff for personal injury protection (PIP) benefits. Since plaintiff Luis Benites exhausted all of his PIP benefits for payment of medical expenses, the setoff for PIP benefits should have been applied only to that portion of the verdict which awarded past medical expenses.

Plaintiff Luis Benites was involved in an automobile accident in which defendant Nara Almeida...

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