11 Fla. L. Weekly Supp. 441b
Insurance — Personal injury protection — Small claims — Attorney’s fees — Proposal for settlement — Motion to strike proposal for settlement/offer of judgment in small claims PIP action is denied
ST. AUGUSTINE PHYSICIANS ASSOCIATES, (As Assignee of Heather Barra), Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE CO., Defendant. County Court, 4th Judicial Circuit in and for Clay County. Case No. 2003-1811-SC C. March 2, 2004. Timothy R. Collins, Judge. Counsel: David G. Candaleria, Farah, Farah & Abbott, P.A., Jacksonville. Ellen C. Pappas, McFarlain & Cassedy, P.A., Tallahassee, for Defendant.
ORDER ON PLAINTIFF’S MOTION TO STRIKE DEFENDANT’S PROPOSAL FOR SETTLEMENT/OFFER OF JUDGMENT AND MOTION TO ENLARGE TIME TO RESPOND TO PROPOSAL
THIS cause came on to be heard on the Plaintiff’s Motion to Strike Defendant’s Proposal for Settlement/Offer of Judgment and Motion to Enlarge Time to Respond to Proposal and the court having considered the argument of Counsel, the case law provided and being otherwise fully advised in the premises, the Court finds it is bound by the First District Court of Appeals decision Tran v. State Farm Fire & Casualty Company, 860 So.2d 1000 (Fla. 1st DCA).
Therefore, it is,
ORDERED AND ADJUDGED that:
1. Plaintiff’s Motion to Strike is hereby DENIED.
2. Plaintiff’s Motion to Enlarge Time is hereby GRANTED. Defendant shall have thirty (30) days from the date hereof to respond to the Defendant’s Proposal for Settlement/Offer of Judgment.
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