14 Fla. L. Weekly Supp. 646a
Insurance — Personal injury protection — Default is entered against insurer for failure to properly plead or otherwise defend action where insurer filed frivolous motion to dismiss for lack of standing and did not timely file responsive pleading to complaint
AFO IMAGING, INC. (As assignee of RICHARD KERN), Plaintiff, v. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 06 27864, Division K. May 22, 2007. Cheryl K. Thomas, Judge. Counsel: Bradley Souders, Bradley D. Souders, PA. Heather Harwell, for Defendant.
ORDER GRANTING APPLICATION FOR DEFAULT AGAINST DEFENDANT
THIS CAUSE having come before the Court this April 2, 2007 to hearing Plaintiff’s Motion To Strike Sham Pleadings And/Or Application for Default Judgment and the Court having heard from respective counsel, having reviewed the record and otherwise being fully advised, it is hereupon:
ORDERED AND ADJUDGED the Court GRANTS Plaintiff’s Application For Default Judgment, pursuant to Rule 1.500 of the Florida Rules of Civil Procedure, based on the following:
On October 12, 2006, the Plaintiff filed this action seeking outstanding personal injury protection benefits;
On November 13, 2006, the Defendant filed a Motion To Dismiss For Lack Of Standing;
On November 15, 2006, the Plaintiff replied to the above motion by serving the Defendant a Plaintiff’s Motion To Tax Attorney’s Fees And Sanctions For Raising Unsupported Defenses (pursuant to F.S. 57.105);
Within the next twenty-one (21) days, the Defendant or defense counsel did not issue any response to the Plaintiff’s Motion To Tax Attorney Fees And Sanctions For Raising Unsupported Defenses;
On December 11, 2006, this Court entered a Standard PIP Pretrial Order requiring Defendant to file a responsive pleading to the Complaint within twenty (20) days;
Within the next twenty (20) days, the Defendant did not file any responsive pleading to the Complaint as required by the Standard PIP Pretrial Order;
On January 18, 2007, the Plaintiff filed the Plaintiff’s Motion to Tax Attorney’s Fees And Sanctions For Raising Unsupported Defenses;
On February 5, 2007, the Plaintiff issued a Plaintiff’s Motion To Strike Sham Pleadings And Application For Default Judgment;
On February 7, 2007, the Defendant unilaterally issued an untimely Answer and Affirmative Defenses;
Previously within this hearing, the Court denied the Motion To Dismiss For Lack Of Standing, which was withdrawn by the Defendant only after the Plaintiff noticed the motion for hearing;
Afterwards within this hearing, the Court granted the Plaintiff’s Motion To Tax Attorney’s Fees And Sanctions for Raising Unsupported Defenses (finding the Motion To Dismiss For Lack Of Standing frivolous);
Afterwards within this hearing, the Court found the Defendant did not timely file a responsive pleading to the Complaint as required by the Standard PIP Pretrial Order;
At all times material, the Court finds the Defendant failed to properly plead or otherwise properly defend as provided by the Florida Rules of Civil Procedure or by the Standard PIP Pretrial Order; and therefore, enters a Default against the Defendant.
