11 Fla. L. Weekly Supp. 50a
Insurance — Proposal for settlement — Untimely acceptance — Motion to enforce settlement denied
PAUL JORDAN, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 98-367-SC. Division “H”. November 12, 2003. Paul L. Huey, Judge. Counsel: Matthew Brumley, for Plaintiff. Michael J. Morelli, Barnett & Associates, P.A., Tampa, for Defendant.
ORDER ON PLAINTIFF’S MOTION TO ENFORCE SETTLEMENT
THIS CAUSE having come before the Court on Plaintiff’s Motion to Enforce Settlement on October 22, 2003 and the Court having heard argument by counsel and otherwise being fully advised in the premises, it is hereby,
ORDERED AND ADJUDGED:
1. Plaintiff’s Motion to Enforce Settlement is DENIED.
2. Defendant filed a Proposal for Settlement on September 2, 2003;
3. Plaintiff filed a Motion for Enlargement of Time to Respond to Proposal of Settlement in September 4, 2003;
4. Plaintiff filed its Notice of Acceptance of Proposal for Settlement on October 10, 2003;
5. Plaintiff never set its Motion for Enlargement of Time to Respond to Proposal of Settlement for hearing;
6. As such, the Court is bound by the decision in Donohue v. Starmed Staffing, Inc., 743 So.2d 623 (Fla. 2nd DCA 1999).
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