10 Fla. L. Weekly Supp. 645b
Insurance — Discovery — Insurer’s failure to timely respond to interrogatories waived all objections other than privilege objections — Motion to compel better answers granted
WELLNESS ASSOCIATES OF FLORIDA, (Marie Auguste, Patient), Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. COCE 02-13167 COCE (51). June 16, 2003. Martin R. Dishowitz, Judge. Counsel: Andrew J. Weinstein, Weinstein & Associates, P.A., Coral Springs, for Plaintiff. James T. Sparkman, for Defendant.
ORDER ON PLAINTIFF’S MOTION TO COMPEL BETTER ANSWERS TO FIRST INTERROGATORIES
THIS CAUSE having come before the undersigned upon the Plaintiff’s Motion to Compel Better Answers to First Interrogatories, and the Court having been advised of the parties’ agreement with regard to this matter, and having been otherwise fully advised in the premises, it is hereupon:
ORDERED AND ADJUDGED that:
1. Plaintiff’s Motion to Compel Better Answers to First Interrogatories is hereby GRANTED.
2. The Defendant shall provide better answers to the First Interrogatories propounded by Plaintiff on June 27, 2002 on or before June 17, 2003.
3. The Defendant failed to serve its answers to First Interrogatories within the time limits set forth in Florida Rule of Civil Procedure 1.350 and failed to observe the Agreed Order on Defendant’s Request for Extension of Time to Respond to Discovery dated August 6, 2002. Pursuant to the August 6, 2002 Order, Answers to Interrogatories were due on or before August 25, 2002. Unsworn Answers to Interrogatories were served on September 5, 2002, with verified Answers being filed thereafter on September 20, 2002.
4. 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. 2d DCA 1977).
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