11 Fla. L. Weekly Supp. 579b
Attorney’s fees — Insurance — Personal injury protection — Motion to strike attorney’s fees claim is denied as frivolous — Coverage — Affirmative defenses — Striking
MICHELL R. POLLAK, M.D., P.A., (Tillie Dick, Patient), Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 03-19654 CC “53”. March 31, 2004. William W. Herring, Judge. Counsel: Andrew J. Weinstein, Weinstein & Associates, P.A., Coral Springs, for Plaintiff. Michael C. George, West Palm Beach, for Defendant.
ORDER STRIKING DEFENDANT’S AFFIRMATIVE DEFENSES and ORDER DENYING MOTION TO STRIKE CLAIM FOR ATTORNEY FEES
The above civil cause having come before the Court on Defendant’s motion to strike Plaintiff’s claim for attorney fees and its own motion to strike affirmative defenses in Defendant’s answer, the Court having heard argument, and being advised, it is
ORDERED that the Court denies Defendant’s motion to strike Plaintiff’s claim for attorney fees as such motion is palpably frivolous. It is
FURTHER ORDERED that the Court strikes, with prejudice, affirmative defenses numbers 1, 5, 6, 7 (see 851 So. 2d 762), 8, 10, 13, 14, and 17 of Defendant’s answer; affirmative defenses numbers 2 and 3 (shall be combined), 4, 9, and 11 (attach supporting documents), are stricken with Defendant having thirty (30) days from order date to amend to allege them with appropriate specificity as to the what, how and when, in one, unified amended answer, failing which, they are deemed stricken with prejudice.
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