12 Fla. L. Weekly Supp. 368a
Insurance — Personal injury protection — Dismissal — Failure to prosecute — Motion to dismiss for failure prosecute is denied where medical provider filed pleadings with court within 30 days of receipt of notice of failure to prosecute
ORTHOPAEDIC REHAB SPECIALTY CLINICS, INC., and PROFESSIONAL MASSAGE SERVICES, INC., as assignees of David Bailey, Plaintiffs, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 4th Judicial Circuit in and for Duval County, Small Claims Division. Case No. 2002-8018-SP. Div. E. January 25, 2005. John A. Moran, Judge. Counsel: Karen M. Walker. James J. Woodruff,
II.ORDER
THIS CAUSE coming before the Court on Defendant, Progressive Express Insurance Company’s Motion to Dismiss for Failure to Prosecute, having heard the argument of both counsel and having considered relevant Florida law, it is hereby ORDERED AND ADJUDGED:
1. Defendant, Progressive Express Insurance Company’s Motion to Dismiss for Failure to Prosecute, is DENIED.
2. Plaintiff has taken action by filing pleadings with this Court within thirty (30) days of receiving Defendant’s notice of failure to prosecute. As such, good cause is shown on the motion why this action should remain pending.
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