21 Fla. L. Weekly Supp. 793a
Online Reference: FLWSUPP 2108CREEInsurance — Personal injury protection — Affirmative defenses that have no basis in law or fact are stricken, and attorney’s fees are awarded as sanction for failure to withdraw defenses — Motions for partial summary judgment are denied where no record evidence was attached to motions, and adjuster’s deposition transcript was filed less than 20 days before hearing
BAYFRONT MEDICAL CENTER, INC., a Florida Corporation (assignee of Creech, Tammy), Plaintiff, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 6th Judicial Circuit in and for Pinellas County. Case No. 11 003713 SC SPC. March 24, 2014. Kathleen T. Hessinger, Judge. Counsel: James D. Underwood, Florida Advocates, Dania Beach, for Plaintiff. Robert H. Oxendine, Oxendine & Oxendine P.A., Tampa, for Defendant.
ORDER ON PLAINTIFF’S MOTION TO STRIKEDEFENDANT’S AFFIRMATIVE DEFENSE,PLAINTIFF’S MOTIONS FOR PARTIAL SUMMARYJUDGMENT AND PLAINTIFF’S MOTIONS FORSANCTIONS PURSUANT TO F.S. S. 57.105
THIS CAUSE, having come before this Court for hearing on February 18, 2014 on the Plaintiff’s Motion To Strike Defendant’s Affirmative Defense, Plaintiff’s Motions For Partial Summary Judgment and Plaintiff’s Motions For Sanctions Pursuant To F.S. s. 57.105 and the Court, having reviewed the motions, file, applicable case law and heard argument of counsel, it is hereby ORDERED AND ADJUDGED:
Plaintiff’s Motion to Strike
1. Denied as to affirmative defense #1 (bills not reasonable or necessary) and affirmative defense #6 (6(b) request).
2. Granted as to affirmative defense #2 (related); affirmative defense #3 (recovery limited by F.S.S. 627.736); and affirmative defense #5 (No Proof of RRN)
Plaintiff’s Motions for Partial Summary Judgment:
1. Denied without prejudice as to affirmative defense #6 (6(b) request) as no record evidence was attached to motion and the adjuster’s deposition transcript was filed less than 20 days before the hearing and there was no affidavit of the Plaintiff to authenticate the Defendant’s Explanation of Review.
2. Denied without prejudice as to affirmative defense #17 (charge exceeds maximum allowance) as no record evidence was attached to motion and the adjuster’s deposition transcript was filed less than 20 days before hearing.
Plaintiff’s Motions for Sanctions Pursuant to F.S. s. 57.105:
1. Granted as to entitlement to attorney’s fees and costs pursuant to F.S. s. 57.105(2) as to affirmative defenses #2, 4, 5, 8, 9, 10, 12, 13, and 16.
2. The Court finds the affirmative defense were not withdrawn by the Defendant within the required time limits of the notice and the Court further finds that the affirmative defenses had no basis in law or fact when pled.
3. The Court reserves jurisdiction to determine the amount of attorney’s fees and costs until the conclusion of the case.
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