11 Fla. L. Weekly Supp. 1070c
Small claims — Insurance — Personal injury protection — Dismissal for failure to prosecute and to show good cause in writing why action should remain pending
MICHELE CRIPE, Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 8th Judicial Circuit in and for Alachua County. Case No. 01-2003-SC-3864, Division V. September 17, 2004. Ysleta W. McDonald, Judge. Counsel: Brian C. Hogan, Law Office of Brian C. Hogan, P.A., Orlando, for Plaintiff. Glenn S. Banner, James C. Rinaman, III & Associates, P.A., Jacksonville, for Defendant.
ORDER
THIS CAUSE, having come before the Court on September 8, 2004, on Defendant’s Motion to Dismiss for Lack of Prosecution and Plaintiff’s Motion for Leave to Amend Complaint, and the Court having heard arguments of counsel, reviewed the pleadings and motions, and being otherwise advised in the premises, it is:
ORDERED and ADJUDGED as follows:
1. Defendant’s Motion to Dismiss for Lack of Prosecution is GRANTED without Prejudice.
2. On or about July 29, 2003, the Plaintiff filed suit for PIP benefits against the Defendant.
3. On or about May 25, 2004, the Defendant filed its Motion to Dismiss for Lack of Prosecution pursuant to Florida Small Claims Rule 7.110(e).
4. On or about July 21, 2004, the Plaintiff filed its Motion for Leave to Amend Complaint to reflect the proper corporate entity of Defendant.
5. The record in this matter affirmatively reflects that no action has been taken by the Plaintiff for over six months and Plaintiff has not shown good cause in writing on why the action should remain pending.
6. The Plaintiff’s Motion for Leave to Amend Complaint is DENIED.
* * *
