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MEDICAL CONSULTANTS OF SOUTH FLORIDA, (Beryl Blake, Patient), Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant.

10 Fla. L. Weekly Supp. 842b

Insurance — Discovery — Interrogatories — Insurer’s failure to timely respond has resulted in waiver of all objections to interrogatories other than privilege objections — Motion to compel better answers granted

MEDICAL CONSULTANTS OF SOUTH FLORIDA, (Beryl Blake, Patient), Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 02-18280 COCE (50). August 18, 2003. Peter B. Skolnik, Judge. Counsel: Andrew J. Weinstein, Weinstein & Associates, P.A., Coral Springs, for Plaintiff. Matt Hellman, for Defendant.

ORDER ON PLAINTIFF’S MOTION TO COMPEL BETTER ANSWERS TO SUPPLEMENTAL INTERROGATORIES

THIS CAUSE having come before the undersigned and the Court having reviewed this matter, it is hereupon

ORDERED AND ADJUDGED that:

1. Plaintiff’s Motion to Compel BetterAnswers to Supplemental Interrogatories is hereby GRANTED.

2. The Defendant’s failure to timely respond has resulted in a waiver of all objections, other than privilege objections, raised by the Defendant in response to the Plaintiff’s First Interrogatories. See Freedom Newspapers v. Egly, 507 So.2d 1180 (Fla. 2nd DCA 1987); American Funding v. Hill, 402 So.2d 1369 (Fla. 1st DCA 1981); and Don Mott Agency v. Byrd, 352 So.2d 107 (Fla. 2nd DCA 1977).

3. Defendant shall provide better answers to the Supplemental Interrogatories within 10 days from the date of this Order.

4. This Court defers ruling on Plaintiff’s claim for attorney fees and costs necessitated by the Defendant’s failure to comply with applicable law and reserves jurisdiction to order the payment of said fees and costs upon evidentiary hearing.

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