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DUKES CHIROPRACTIC HEALTH CLINIC, P.A., (As assignee of Maria Rubio), Plaintiff, v. ALLSTATE INSURANCE COMPANY, Defendant.

10 Fla. L. Weekly Supp. 546d

Insurance — Discovery — Admissions — Where insurer failed to respond or object to medical provider’s request for admissions in timely manner, request for admissions are deemed admitted

DUKES CHIROPRACTIC HEALTH CLINIC, P.A., (As assignee of Maria Rubio), Plaintiff, v. ALLSTATE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 02-10322 SC. Division K. May 13, 2003. Eric R. Myers, Judge. Counsel: Timothy A. Patrick, Timothy A. Patrick, P.A., Tampa. Philip Yurecka.

ORDER GRANTING PLAINTIFF’S REQUEST FOR ADMISSIONS TO BE DEEMED ADMITTED

THIS CAUSE having come before the Court on April 22, 2003, on Plaintiff’s Motion to Compel Discovery and Request for Admissions to be Deemed Admitted, and the Court having heard the argument of counsel and being otherwise fully advised on the premises, the Court makes the following ruling:

1. On May 15, 2002, Plaintiff’s Request for Admissions were served on Defendant.

2. Defendant failed to respond and/or object in a timely manner to Plaintiff’s Request for Admissions.

3. Plaintiff’s Request for Admissions to Be Deemed Admitted is hereby GRANTED.

4. Defendant’s Ore Tenus motion for relief from admissions is hereby DENIED.

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