22 Fla. L. Weekly Supp. 1172b
Online Reference: FLWSUPP 2210LABRInsurance — Dismissal — Where medical provider failed to comply with order to provide more definite statement, failed to appear for deposition, and failed to respond to discovery, and delay has prejudiced insurer, motion to dismiss and motion for sanctions are granted
A-1 MEDICAL, INC., as assignee of Normar Labrador, Plaintiff, v. FIRST ACCEPTANCE INSURANCE COMPANY, INC., Defendant(s). County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 11-CC-003142, Division H. February 19, 2014. Honorable Christopher C. Nash, Judge. Counsel: Stuart Yanofsky, Stuart B. Yanofsky, P.A., Plantation, for Plaintiff. Steve T. Sock, Dutton Law Group, P.A., Tampa, for Defendant.
ORDER ON DEFENDANT’S MOTION TO DISMISS AND/OR FOR CONTEMPT OF COURT AND/OR SANCTIONS
THIS CAUSE having come before the Court on February 17, 2014, upon Defendant’s Motion to Dismiss, and/or for Contempt of Court, and/or Sanctions, and Plaintiff having failed to appear, having been fully advised in the premises, it is ORDERED AND ADJUDGED that:
1. Plaintiff filed suit on or about February 14, 2011.
2. Plaintiff’s compliant failed to state an amount or the services at issue.
3. On March 31, 2011, the Court entered an Order for the Plaintiff to provide a more definite statement within 20-days.
4. Plaintiff failed to comply with the court order.
5. Plaintiff failed to sit for depositions resulting in Certified Non-Appearances.
6. Plaintiff failed to timely respond to discovery.
7. Defendant has been prejudiced by continuous delay of the Plaintiff.
8. Defendant’s Motion to Dismiss is GRANTED.
9. Defendant’s Motion for Sanctions is GRANTED.
10. The Court reserves jurisdiction to consider all matters ancillary hereto.
11. Defendant shall go hence without day. Plaintiff shall take nothing from this action. The Court reserves jurisdiction to determine the amount of taxable fees and costs to award the Defendant.
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