11 Fla. L. Weekly Supp. 653a
Insurance — Personal injury protection — Proposal for settlement — Small claims — Motion to strike proposal for settlement denied
CELPA CLINIC, INC., (As assignee of Sandra Alvarez), Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 02-14726-SC Div. H. April 22, 2004. Michelle Sisco, Judge. Counsel: Timothy Patrick. Steven D. Manno, Kingsford & Rock, P.A, Tampa.
ORDER ON PLAINTIFF’S MOTION TO STRIKE DEFENDANT’S PROPOSAL FOR SETTLEMENT AND MEMORANDUM OF LAW IN SUPPORT THERE OF AND FOR EXTENSION OF TIME
THIS CAUSE having come before this Honorable Court on Wednesday, April 7, 2004 on Plaintiff’s Motion to Strike Defendant’s Proposal for Settlement and Memorandum of Law in Support Thereof and for Extension of Time, and after hearing argument of counsel, and being fully advised in the premises herein, it is
ORDERED and ADJUDGED that Plaintiff’s Motion to Strike Defendant’s Proposal for Settlement is denied without prejudice at this time. The Court specifically finds that it is bound by the decisions in Tran v. State Farm Fire & Casualty Company, 860 So.2d 1000 (Fla. 1st DCA 2003); US Security Insurance Company v. Cahuasqui, 760 So.2d 1101 (Fla. 3rd DCA 2000); and Nichols v. State Farm Mutual, 851 So.2d 742 (Fla. 5th DCA 2003). It is further
ORDERED and ADJUDGED that Plaintiff’s Motion for Extension of Time is denied. The Court finds that defense counsel’s letter of January 27, 2004 in response to Plaintiff’s request for more information on January 16, 2004 is sufficient and does meet the requirement of Florida Statute §768.797(d)(4).
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