11 Fla. L. Weekly Supp. 746b
Insurance — Default — Where insurer has failed to file responsive pleading or appear at court-ordered mediation, and medical provider put insurer on clear notice that it intended to seek default, default is entered as to liability only — Mediation is ordered reset with insurer to bear entire cost, and insurer is sanctioned $225 to be paid to provider
DADE INJURY REHABILITATION CENTER, Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 04-1428 COSO 62. June 10, 2004. Robert W. Lee, Judge. Counsel: J.D. Underwood, North Miami, for Plaintiff. Emilio Stillo, Fort Lauderdale, for Defendant.
ORDER OF DEFAULT
THIS CAUSE came before the Court on June 10, 2004 for hearing of the Plaintiff’s Motion for Court Default, and the Court’s having reviewed the Motion and entire Court file; heard argument; reviewed the relevant legal authorities; and been sufficiently advised in the premises, the Court finds as follows:
Background: This action was filed on February 23, 2004. The Defendant was served on April 20, 2004. On May 3, 2004, at the Defendant’s request, this Court entered its Order providing the Defendant twenty days to file a responsive pleading to the Complaint. At no point thereafter has the Defendant sought an extension of this deadline. On May 14, 2004, this Court entered its Order Appointing Mediator in County Court. Mediation was set for June 9, 2004 at 11:00 am. The Order specifically provided that a default might be entered if the Defendant failed to appear at mediation. On May 25, the Plaintiff served its Motion for Default due to Defendant’s failure to file a response to the Complaint. The Plaintiff set the Motion for hearing for June 10. The day before the hearing, at the scheduled mediation, the Defendant failed to appear. The same day, the Plaintiff amended its Motion for Default, adding as grounds Defendant’s failure to attend mediation. On June 10, both parties appeared at the hearing.
At the hearing, it was undisputed that the Defendant’s counsel received copies of each of the papers referred to in the foregoing paragraph. Rather, the Defendant claims that the attorney assigned to handle this case has been without a secretary for a month and has not been able to review the incoming mail. Neither at the hearing or at any point prior thereto did the Defendant file the requisite responsive pleading.
Conclusions of Law: When a defendant fails to file a response by the deadline set by a court, a default is appropriate. See The Florida Bar v. Kaufman, 684 So.2d 806, 810 (Fla. 1996). The Defendant in this case has failed to respond, and the Plaintiff has put the Defendant on clear notice of its intention to seek a default. Nevertheless, the Defendant has continued to fail to file the responsive pleading. See Mondeja v. Cuevas, 583 So.2d 1115, 1116 (Fla. 3d DCA 1991); Smith v. Gunsaullus, 511 So.2d 1108, 1109 (Fla. 1st DCA 1987). As a result, the Plaintiff is entitled to a default. Accordingly, it is hereby
ORDERED and ADJUDGED that a Default is hereby entered against the Defendant. Additionally, as the default pertains to liability only, the Court is directing that mediation be reset, and that the Defendant bear the entire cost of the reset mediation. Moreover, the Defendant is sanctioned in the amount of $250.00 which must be paid within the next ten (10) days directly to the Plaintiff.
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