10 Fla. L. Weekly Supp. 268a
Insurance — Personal injury protection — Discovery — Admissions — Where insurer’s failure to file timely responses to request for admissions and failure to file a written, timely motion for leave of court to file untimely responses are not the result of excusable neglect, but of reckless disregard for the rules of civil procedure, motion for request for admissions to be deemed admitted is granted
ER MASSAGE INC., as assignee of STEPHEN TEMPLETON, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Seminole County. Case No. 02-CC-2590-20-U. February 13, 2003. Donald L. Marblestone, Judge. Counsel: Alexander Billias, Morgan, Colling & Gilbert, P.A., Orlando, for Plaintiff. Gregory K. Mausser, Alvarez, Sambol, Winthrop & Madson, Orlando, for Defendant.
ORDER ON PLAINTIFF’S MOTION TO COMPEL/MOTION FOR PLAINTIFF’S SECOND REQUEST FOR ADMISSIONS TO BE DEEMED ADMITTED
THIS CAUSE having come before the Court on January 17, 2003 on Plaintiff’s Motion to Compel/Motion for Plaintiff’s Second Request for Admissions to be Deemed Admitted, (certificate date November 12, 2002, having reviewed the applicable case law, both parties appearing through counsel and having presented the following argument:
FACTS
1. This personal injury protection lawsuit involves UCR reductions taken by Defendant on several medical bills that were timely submitted by Plaintiff.
2. On September 30, 2002, Plaintiff served its Second Request for Admissions on Defendant.
3. Plaintiff’s Second Request for Admissions inquires specifically into the factual basis for Defendant’s UCR reductions of the medical bills at issue in this case.
4. Pursuant to Florida Rule of Civil Procedure 1.370, Defendant’s responses to Plaintiff’s Second Request for Admissions should have been served no later than October 30, 2002.
5. On November 12, 2002, Plaintiff served its Motion to Compel/Motion for Plaintiff’s Second Request for Admissions to be Deemed Admitted.
6. On December 2, 2002, Plaintiff served its Notice of Hearing regarding its Motion to Compel/Motion for Plaintiff’s Second Request for Admissions to be Deemed Admitted.
7. On January 17, 2003, Defendant served its Objection to Plaintiff’s Motion to Compel/Motion for Plaintiff’s Second Request for Admissions to be Deemed Admitted and its untimely Responses to Plaintiff’s Second Request for Admissions.
PROCEDURAL HISTORY
8. It is Plaintiff’s position that this Court should deem admitted Plaintiff’s Second Request for Admissions as Defendant did not file its response on or before October 30, 2002 and Defendant did not file a timely, written motion for leave of Court to file late responses to Plaintiff’s Second Request for Admissions. In support of its position, Plaintiff has cited Morgan v. Thompson, 427 So. 2d 1134 (Fla. 5th DCA 1983) and Melody Tours, Inc. v. Granville Market Letter, Inc., 413 So. 2d 450 (Fla. 5th DCA 1982).
9. It is Defendant’s position that this Court should allow Defendant to file untimely responses to Plaintiff’s Second Request for Admissions as it would facilitate the presentation of the case on its evidentiary merits. In addition, Defendant argues that its untimely responses to Plaintiff’s Second Request for Admissions are the result of excusable neglect by counsel for Defendant. In support of its position, Defendant cites Melody Tours, Inc. v. Granville Market Letter, Inc., 413 So. 2d 450 (Fla. 5th DCA 1982).
LAW AND ANALYSIS
The Court does hereby ORDER and ADJUDGE as follows:
8. Defendant failed to file a written, timely motion for leave of Court to file late responses to Plaintiff’s Second Request for Admissions, as required by Morgan v. Thompson, 427 So. 2d 1134 (Fla. 5th DCA 1983).
9. Defendant’s untimely responses to Plaintiff’s Second Request for Admissions and counsel for Defendant’s failure to file a written, timely motion for leave of Court to file untimely responses to Plaintiff’s Second Request for Admissions are not the result of excusable neglect, but are the result of reckless disregard for the Florida Rules of Civil Procedure.
10. Accordingly, Plaintiff’s Motion to Compel/Motion for Plaintiff’s Second Request for Admissions to be Deemed Admitted is hereby GRANTED.
11. Pursuant to Florida Rule of Civil Procedure 1.370, Plaintiff’s Second Request for Admissions are hereby DEEMED ADMITTED by this Court.
* * *
