17 Fla. L. Weekly Supp. 830b
Online Reference: FLWSUPP 1709DESRInsurance — Discovery — All objections to discovery except attorney-client privilege and work product privilege are waived by insurer’s failure to timely object — Privilege objections will be waived if insurer fails to provide legally sufficient privilege log
BAYVIEW MEDICAL & REHAB CENTER, INC., (As assignee of Marie Desroches), Plaintiff, vs. HALLMARK INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County. Small Claims Division. Case No. 09-35618, Division: I. April 22, 2010. Dick Greco, Judge. Counsel: Timothy A. Patrick, Nicholas & Patrick, P.A., Tampa, for Plaintiff. Brad Killnger, for Defendant.
ORDER
THIS CAUSE having come before this Court on April 15, 2010 on Plaintiff’s Motion to Compel Discovery and Motion to Set Trial, with Timothy Patrick appearing in person for Plaintiff and Brad Killnger appearing telephonically for Defendant. The court, having reviewed the record and having heard argument by counsel, rules as follows:
ORDERED AND ADJUDGED:
1. Plaintiff’s Motion to Compel Discovery is HEREBY GRANTED.
2. The Defendant has fifteen (15) days from April 15, 2010 to provide full and complete responses to Plaintiff’s Interrogatories and Request to Produce.
3. All objections, except attorney client and work product privilege, are deemed waived, based upon Defendant’s failure to timely object and/or respond.
4. The Defendant must provide a legally sufficient privilege log to support any objections based upon privilege. If the Defendant fails to do so, its privilege objections will be deemed waived.
5. The court reserves jurisdiction as to Plaintiff’s request for attorney’s fees and costs in bringing this motion before the court.
6. Plaintiff’s Motion to Set Trial is HEREBY GRANTED.
7. A jury trial shall be set in this case on the court’s next available jury trial docket. The parties are to contact the court’s judicial assistant to obtain these dates.
8. Should either party feel that they need additional time to prepare for trial, said party is to file a Motion for Continuance and set it for hearing with the court.
