11 Fla. L. Weekly Supp. 1097b
Insurance — Personal injury protection — Affirmative defenses in answer stricken with leave to reallege with more particularity
MRI SCAN CENTER, INC. (Maritza Angomas), Plaintiff, v. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 04-241 (49). September 15, 2004. Kathleen D. Ireland, Judge. Counsel: Robert G. Nichols, Nichols Williams, P.A., Fort Lauderdale, for Plaintiff. Leandro Lissa.
AGREED ORDER REGARDING PLAINTIFF’S MOTION TO STRIKE DEFENDANT’SAFFIRMATIVE DEFENSES and PLAINTIFF’S MOTION FOR SANCTIONS
THIS CAUSE, coming on to be heard upon the PLAINTIFF’S MOTION TO STRIKE DEFENDANT’S AFFIRMATIVE DEFENSES and PLAINTIFF’S MOTION FOR SANCTIONS and the Court having reviewed the motions and having been advised that the parties are in agreement as to the contents of this Order, it is, therefore,
ORDERED AND ADJUDGED that: (1) Plaintiff’s Motion to Strike the Defendant’s Affirmative Defense, contained in the Answer filed on or about 4/26/04, is granted without prejudice, with 20 days leave granted to the Defendant to reallege with more particularity; and (2) Plaintiff’s Motion for Sanctions is moot, as the Plaintiff withdrew the motion after the Defendant complied with this Court’s discovery order.
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