10 Fla. L. Weekly Supp. 720a
Insurance — Personal injury protection — Small claims — At court’s discretion, motion to apply rule 1.442 is granted
CATHERINE GRAHAM, Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 4th Judicial Circuit in and for Duval County. Case No. 2003-SC-002503, Division E. July 22, 2003. John A. Moran, Judge. Counsel: Glenn S. Banner, McConnaughhay, Duffy, Coonrod, Pope & Weaver, P.A., Jacksonville, for Defendant. David G. Candelaria, Farah & Farah, Jacksonville, for Plaintiff.
ORDER GRANTING DEFENDANT’S MOTION TO APPLY FLORIDA RULES OF CIVIL PROCEDURE
This matter having come before this Court on June 18, 2003 on Defendant’s Motion to Apply Florida Rules of Civil Procedure and the Court having considered the record, having heard argument of counsel, and otherwise being duly advised on the premise, it is
ORDERED and ADJUDGED as follows:
1. The Plaintiff filed a PIP suit in Small Claims Court on March 11, 2003.
2. Defendant, Progressive Express Insurance Company, filed a Motion to Apply Civil Rules of Procedure for purposes of filing a Proposal for Settlement under Rule 1.442.
3. Defendant argued that Florida Rule of Civil Procedure 1.442 is applicable to PIP actions pursuant to U.S. Security Insurance Co. v. Cahuasqui, 760 So. 2d 1101 (Fla. 3d DCA 2000); Nichols v. State Farm Mut., 2003 Fla. App. Lexis 8794 (Fla. 5th DCA, June 13, 2003) [28 Fla. L. Weekly D1404a].
4. Application of Rule 1.442 is at this Court’s discretion pursuant to Florida Small Claims Rule 7.020(c).
5. At this Court’s discretion Defendant’s Motion to Apply the Florida Rules of Civil Procedure is hereby GRANTED.
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