23 Fla. L. Weekly Supp. 648a
Online Reference: FLWSUPP 2306ETORInsurance — Small claims — Jury trial — Insurer in small claims case waived right to jury trial where medical provider did not demand jury trial at time it commenced case, and insurer did not demand jury trial within 5 days of service of complaint or at pretrial conference
HEALTH DIAGNOSTICS OF FORT LAUDERDALE, LLC, d/b/a STAND UP MRI OF FORT LAUDERDALE (a/a/o ESTHER TORRES), Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 14-22039 COCE 50. May 20, 2015. Honorable Peter B. Skolnik, Judge. Counsel: Mac S. Phillips, Phillips Law Group, Fort Lauderdale; and Ross S. Abramowitz, Fort Lauderdale, for Plaintiff. Michael S. Walsh, Fort Lauderdale, for Defendant.
ORDER GRANTING PLAINTIFF’S MOTION TOSTRIKE DEFENDANT’S DEMAND FOR JURY TRIAL
THIS CAUSE came before the Court on the Plaintiff’s Motion to Strike Defendant’s Demand for Jury Trial, and the Court, having reviewed the file, heard argument of counsel on May 20, 2015 and being sufficiently advised in the premises,
ORDERS AND ADJUDGES that the motion be and the same is hereby GRANTED for the following reasons:Procedural History
On November 17, 2014, Plaintiff filed its Statement of Claim. Defendant was served with the Statement of Claim, through the Florida Department of Insurance, on November 25, 2014.
The Pretrial Conference in this matter was set for January 20, 2015. The parties, through counsel, executed a Waiver of Appearance at Pretrial Conference (the “Waiver”) and the Court ratified the Waiver by order dated January 20, 2015. The Waiver, and Order approving it, states in pertinent part, “[p]ursuant to Rule 7.020(c), Rules 7.135 and 7.150 shall remain in effect and prevail over rules 1.510 and 1.430 respectively.”Application of Rule 7.150, Fla. Sm. Cl. R.
Rule 7.150 states, “[j]ury trials may be had upon written demand of the plaintiff at the time of the commencement of the suit, or by the defendant within 5 days after service of notice of suit or at the pretrial conference, if any. Otherwise jury trial shall be waived.”
The Plaintiff did not demand a jury trial at the time it commenced the case. The Defendant did not demand a jury trial within 5 days after it was served with the Complaint, or demand a jury trial at the pretrial conference. Instead, the Defendant’s first request for a jury trial in this case came by way of its Answer, Affirmative Defenses and Demand for Jury Trial, which was not filed until April 14, 2015.Conclusion
The Defendant has waived its right to a jury trial; therefore, its Demand for Jury Trial is hereby stricken.
