24 Fla. L. Weekly Supp. 536a
Online Reference: FLWSUPP 2407WHEAInsurance — Affirmative defenses — Insurer’s withdrawal of all affirmative defenses without prejudice rendered motion to strike affirmative defenses moot — Insurer is under no affirmative duty to withdraw its affirmative defenses with prejudice
RIVER CITY MEDICAL ASSOCIATES, d/b/a ABSOLUTE MEDICAL CLINIC, as assignee of MARGARET WHEATON, Plaintiff, vs. INFINITY INDEMNITY INSURANCE COMPANY, Defendant. County Court, 4th Judicial Circuit, in and for Duval County. Case No. 16-2013-CC-001689. July 15, 2016. John A. Moran, Judge. Counsel: D. Scott Craig, for Plaintiff. Michael E. Bringuier, for Defendant.
ORDER DENYING PLAINTIFF’SMOTION TO STRIKE DEFENDANT’SAFFIRMATIVE DEFENSES
THIS CAUSE, came to be heard upon Plaintiff’s Motion to Strike Defendant’s Affirmative Defenses. The Court, having heard arguments from both parties’ counsel, reviewed the record evidence before the Court, and the Court having been otherwise advised in the premises, finds as follows:
1. Plaintiff filed their Motion to Strike Defendant’s First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, Eleventh, Twelfth, Thirteenth, Fourteenth, and Fifteenth Affirmative Defenses on July 26th, 2013.
2. Plaintiff then set their Motion to Strike Defendant’s Affirmative Defenses for hearing June 20th, 2016.
3. Prior to the date of the hearing, Defendant withdrew all of its Affirmative Defenses without prejudice.
4. At the hearing for Plaintiff’s Motion to Strike Defendant’s Affirmative Defenses, Plaintiff’s counsel argued that the Court strike Defendants affirmative defenses with prejudice.
5. Defendant’s counsel argued that Plaintiff’s Motion to Strike is moot as all of the Affirmative Defenses listed in Plaintiffs motion have been withdrawn without prejudice.
6. This Court found that Plaintiff’s Motion to Strike Defendant’s Affirmative Defenses is moot as Defendant is under no affirmative duty to withdraw it’s Affirmative Defenses with prejudice.
7. Plaintiff’s Motion to Strike Defendant’s Affirmative Defenses is DENIED as moot.
