12 Fla. L. Weekly Supp. 256a
Insurance — Personal injury protection — Medpay — Demand to escrow PIP and Medpay benefits is stricken — Discovery — Motion to compel better answers to interrogatories and better response to request to produce is granted
DAVID I. ZELIN, D.M.D., L.L.C., (ASSIGNOR: LANGFORD, CHRISTOPHER), Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County. Case No. 04-CC-17554, Division J. December 2, 2004. Gaston J. Fernandez, Judge. Counsel: Gale L. Young, Gale L. Young, P.A., Tampa. Susan L. Lawson.
ORDER ON DEFENDANT’S MOTION TO STRIKE PLAINTIFF’S DEMANDTHAT DEFENDANT ESCROW PIP AND/OR MED-PAY BENEFITS; DEFENDANT’S MOTION TO COMPEL; and DEFENDANT’S MOTION TO DISMISS
THIS CAUSE came on to be heard on November 22, 2004, upon: (1) Defendant’s Motion To Strike Plaintiff’s Demand That Defendant Escrow PIP And/Or Med-Pay Benefits; (2) Defendant’s Motion To Compel Answers To Interrogatories And Response To Request To Produce; and (3) Defendant’s Motion To Dismiss, and the Court having heard argument of counsel for the respective parties, and being otherwise duly advised in the premises, it is thereupon
ORDERED AND ADJUDGED as follows:
1. That Defendant’s Motion To Strike Plaintiff’s Demand That Defendant Escrow PIP And/Or Med-Pay Benefits is hereby GRANTED. Plaintiff’s demand for escrow or a reservation of personal injury protection and/or med-pay benefits is hereby stricken.
2. That Defendant’s Motion To Compel Answers To Interrogatories And Response To Request To Produce is hereby GRANTED. Plaintiff shall serve verified answers to Defendant’s Interrogatories and a response to Defendant’s Request To Produce within fifteen (15) days of the date of the hearing. The Court awards one (1) hour of attorney’s fees, in the amount of $125.00, to the Defendant for the cost of bringing Defendant’s Motion To Compel before the Court, to be paid by Plaintiff.
3. That Defendant’s Motion To Dismiss is GRANTED. Plaintiff shall have fifteen (15) days from the date of the hearing to serve an Amended Complaint.
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