10 Fla. L. Weekly Supp. 367a
Insurance — Small claims — Jury trial — Motion to strike insurer’s demand for jury trial is granted where demand was made in answer filed 45 days after service of process and 24 days after pre-trial conference
RON WECHSEL, D.C. d/b/a WECHSEL PAIN & REHAB CENTRE, (Heather Verlsteffen, Patient), Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 02-02449 CONO (70). March 11, 2003. Steven P. Deluca, Judge. Counsel: Andrew J. Weinstein, Weinstein & Associates, P.A., Coral Springs, for Plaintiff. James T. Sparkman, for Defendant.
ORDER ON PLAINTIFF’S MOTION TO STRIKE DEFENDANT’S DEMAND FOR JURY TRIAL
THIS CAUSE having come before the undersigned upon the Plaintiff’s Motion to Strike Defendant’s Demand for Jury Trial and the Court having heard argument of counsel and having been otherwise fully advised in the premises, hereby finds as follows:
1. This case was filed on July 18, 2002 and scheduled for a Pre-Trial Conference on August 26, 2002.
2. Prior to the Pre-Trial Conference on August 26, 2002, James Sparkman, Esquire contacted Plaintiff’s counsel and advised that he would be representing the Defendant in this matter. Mr. Sparkman stated that he was unable to attend the Pre-Trial Conference.
3. Counsel for Plaintiff appeared at the Pre-Trial Conference on August 26, 2002. At that time, no demand for jury trial had been made.
4. Florida Small Claims Rule 7.150 states in its entirety: “Jury trials may be had upon written demand of the plaintiff at the time of the commencement of the suit, or by the defendant within five (5) days after service of notice of suit or at pre-trial conference, if any. Otherwise, jury trial shall be deemed waived.”
5. Defendant’s Answer to Complaint, which contained a Demand for Jury Trial, was filed on September 19, 2002, 45 days after service of process and 24 days after the pre-trial conference.
It is hereupon ORDERED AND ADJUDGED that
A. Plaintiff’s Motion to Strike Defendant’s Demand for Jury Trial is hereby GRANTED.
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