16 Fla. L. Weekly Supp. 470b
Online Reference: FLWSUPP 165COLAS
Insurance — Personal injury protection — Arbitration — Stay — Motion to stay non-binding arbitration because default has been entered against insurer is denied where medical provider has not sought judgment on default, and parties have continued to litigate case
SOUTH FLORIDA PAIN & REHABILITATION CENTER (a/a/o Sabina Colas), Plaintiff, vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 06-14725 COCE 53. March 2, 2009. Robert W. Lee, Judge. Counsel: Joseph Dawson, Fort Lauderdale, for Plaintiff. Stacy Reade, Miami, for Defendant.
ORDER DENYING DEFENDANT’S MOTION TO STAY NON-BINDING ARBITRATION AND MOTION FOR STATUS CONFERENCE
THIS CAUSE came before the Court for consideration of the Defendant’s Motions, and the Court’s having reviewed the motions and entire Court file; heard argument; reviewed the relevant legal authorities; and been sufficiently advised in the premises, finds as follows:
The Defendant has filed its Motion seeking to stay arbitration because it was defaulted in this case. The record reflects that a default was entered against the Defendant on October 23, 2006, and that thereafter the Court declined to set aside the default. Nevertheless, the Plaintiff has not sought a judgment on the default, and the parties have continued to litigate this case, including engaging in discovery. With few exceptions not relevant here, any civil action may be referred to mandatory non-binding arbitration. Rule 1.800. As a result, the Court declines to stay arbitration. Accordingly, it is hereby
ORDERED AND ADJUDGED that Defendant’s Motions are DENIED.
