19 Fla. L. Weekly Supp. 407a
Online Reference: FLWSUPP 1905BAILInsurance — Settlement agreement — Enforcement — Where insurer has not complied with terms of offer of judgment accepted by medical provider, motion to enforce settlement agreement is granted
CYNTHIA BAILEY, an insured individual by and through her assignee, JEFFREY L. TEDDER M.D., P.A., Plaintiff, v. FIRST FLORIDIAN AUTO & HOME INSURANCE COMPANY, a Florida corporation, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 10-CC-027875, Division H. January 19, 2012. Honorable Margaret T. Courtney, Judge. Counsel: Philip A. Friedman, FL Legal Group, Tampa, for Plaintiff. David B. Kampf, Ramey & Kampf, P.A., Tampa, for Defendant.
ORDER ON PLAINTIFF’S MOTION TO DEEM REQUESTFOR ADMISSIONS ADMITTED AND MOTIONTO ENFORCE SETTLEMENT AGREEMENT
THESE MATTERS, Plaintiff’s Motion to Deem Request for Admissions Admitted and Motion to Enforce Settlement Agreement, having come before this Honorable Court on the morning of August 24, 2011, present for Plaintiff, Philip A. Friedman, Esquire, and for Defendant, Gus Weekly, Esquire, and the Court being apprised of applicable case law, argument of counsel, and statute, as well as review of the docket, hereby ORDERS AND ADJUDICATES as follows:
1. Defendant issued an Offer of Judgment, which the Plaintiff accepted in January 2011. The Defendant has not complied with the terms of that offer to date, and as such, Plaintiff’s Motion to Enforce Settlement is granted. The Defendant shall comply with the terms of the settlement agreement within twenty (20) days. Further, this Court grants entitlement to the Plaintiff for reasonable fees and costs in the prosecution of their enforcement of the settlement and reserves jurisdiction to determine the amount of same.
2. Plaintiff’s Motion to Deem Request for Admissions Admitted is hereby granted. The Court notes the Admissions were due on or about March 31, 2011 but not responded to until July.
* * *
