16 Fla. L. Weekly Supp. 195b
Online Reference: FLWSUPP 162BENIT
Insurance — Personal injury protection — Default — Where insurer who was provided notice of motion for default and reasonable amount of time to respond to motion has failed to respond, default is entered against insurer
UNIVERSAL X-RAY CORPORATION, (a/a/o Elena Benitez), Plaintiff, vs. STATE FARM FIRE & CASUALTY COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 08-6136 COCE 53. November 25, 2008. Robert W. Lee, Judge. Counsel: Russel M. Lazega, The Law Office of Russel Lazega, P.A., North Miami, for Plaintiff. Edward Winitz, Hollywood, for Defendant.
ORDER OF DEFAULT
THIS CAUSE came before the Court for consideration of the Plaintiff’s Motion for Default, and the Court’s having reviewed the Motion and entire Court file; reviewed the relevant legal authorities; and been sufficiently advised in the premises, the Court finds as follows:
Background:The Defendant has failed to file a responsive pleading within 20 days in response to this Court’s Order dated September 26, 2008. On November 18, 2008, the Plaintiff served its Motion for Default due to Defendant’s failure to respond to the Complaint. As of today, the Defendant still has not filed a responsive pleading.
In its Motion for Entry of Default, the Plaintiff provided notice to Defendant’s counsel that it was seeking a default. The Court has provided the Defendant a reasonable amount of time to respond to the Motion for Default, but the Defendant has continued to fail to file a response.
Conclusions of Law:By failing to file a response in this action, the Defendant is subject to a default. By participating in the case, however, the Defendant was entitled to notice when the Plaintiff sought a default. The Plaintiff provided the notice. Nevertheless, the Defendant has continued to fail to file the required pleading. Additionally, by the Plaintiff’s serving its Motion for Default, the Defendant has been provided a de facto extension to respond, but has continued to fail to do so. Moreover, the Court has delayed entry of this Order to provide the Defendant a reasonable amount of time to respond to the Motion for Default, to no avail. As a result, the Plaintiff is entitled to a default, and no hearing is required. See Picchi v. Barnett Bank of South Florida, 521 So.2d 1090, 1090-91 (Fla. 1988); Mondeja v. Cuevas, 583 So.2d 1115, 1116 (Fla. 3d DCA 1991); Rule 1.500(b), Fla. R. Civ. P. Accordingly, it is hereby
ORDERED and ADJUDGED that a DEFAULT is hereby entered against the Defendant. The Plaintiff may submit its affidavit of damages supporting its request for an award of liquidated damages in this case.
