10 Fla. L. Weekly Supp. 367b
Insurance — Jury trial — Where trial court allowed insurer 15 days after denial of motion to dismiss in which to file answer and demand for jury trial, and insurer did not comply with order but filed answer and demand 38 days after entry of order, insurer waived right to jury trial
GLENNA SHEARER, Plaintiff, v. OCEAN HARBOR CASUALTY INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. CONO 02-02443 (71). March 7, 2003. Louis H. Schiff, Judge. Counsel: Andrew J. Weinstein, Weinstein & Associates, P.A., Coral Springs. Lawrence Popritkin.
ORDER ON PLAINTIFF’S MOTION TO STRIKE DEFENDANT’S DEMAND FOR JURY TRIAL
THIS CAUSE, having come on to be heard upon the Plaintiff’s Motion to Strike Defendant’s Demand for Jury Trial and the Court having heard argument of counsel, and being otherwise fully advised in the premises, it is hereupon
ORDERED AND ADJUDGED that said Motion be and the same is hereby GRANTED. The facts of this case are as follows:
1. The above-styled cause of action was filed by Plaintiff on July 18, 2002, and the Defendant was served by the Department of Insurance on August 5, 2002.
2. After multiple agreed upon extensions, the Defendant, on August 8, 2002, filed its Motion to Dismiss. The Defendant did not ask for a trial by jury at that time. On October 28, 2002, a hearing was held on Defendant’s Motion to Dismiss, and at that time, the Court denied said Motion and allowed the Defendant fifteen (15) days to file an answer and demand for jury trial. The Defendant did not comply with that order, and on December 5, 2002 (38 days after entry of the Court’s order), the Defendant finally filed its Answer, Affirmative Defenses, and Demand for Jury Trial. Pursuant to applicable Rules of Civil Procedure, this Court finds that the Defendant’s failure to comply with the terms and conditions of that order results in a waiver of its right to jury trial.
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