13 Fla. L. Weekly Supp. 838a
Insurance — Personal injury protection — Default — Where insurer’s counsel filed notice of appearance, but insurer failed to file answer or otherwise defend action within 20 days after service of process, entry of default is appropriate
MEDICAL CONSULTANTS OF SOUTH FLORIDA, INC., (Joseph Camuto, Patient), Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. CONO 06-001150 (71). May 10, 2006. Louis H. Schiff, Judge. Counsel: Andrew J. Weinstein, Weinstein & Associates, P.A., Coral Springs, for Plaintiff. Leonard W. Jackson, for Defendant.
ORDER ON MOTION FOR DEFAULT
THIS CAUSE having come before the Court on the Plaintiff’s Motion for Default and the Court having heard argument of counsel, and having been otherwise fully advised in the premises, it is hereupon
ORDERED AND ADJUDGED:
1. This case arises out of a claim for unpaid personal injury protection benefits filed by the Plaintiff on March 23, 2006.
2. Process was served on the registered agent for the Defendant by the Chief Financial Officer of the State of Florida on April 12, 2006.
3. On April 20, 2006, Leonard W. Jackson, Esquire entered his Notice of Appearance on behalf of the Defendant. Since filing of defense counsel’s Notice of Appearance, Defendant has not taken any additional action in this matter.
4. On or about May 5, 2006, the Plaintiff filed its Motion for Default and sent a copy to defense counsel at the address listed in his Notice of Appearance.
5. In Ziff v. Stuber, 596 So.2d 754 (4th DCA, 1992), the Court held that:
“. . .The filing of a non-responsive ‘paper’ filed as a delaying tactic, such as a notice of appearance, is an abuse of process supporting a default entered by the court under subsection (b) of the rule without notice of hearing. Picchi v. Barnett Bank of S. Fla., 521 So.2d 1090 (Fla. 1988).”
6. Florida Rule of Civil Procedure 1.140(a)(1) states in pertinent part, “A defendant shall serve an answer within twenty (20) days after service of original process and the initial pleading on the defendant”.
7. Florida Rule of Civil Procedure 1.500(b) permits the court to enter a default against a party that has failed to plead or otherwise defend as provided by the Rules of Civil Procedure.
8. Because the Defendant has failed to file a pleading or otherwise defend this action within the time required by law, this Court finds that the entry of a default is appropriate. Accordingly, Plaintiff’s Motion for Default is hereby GRANTED.
