24 Fla. L. Weekly Supp. 758a
Online Reference: FLWSUPP 2409FUDGCivil procedure — Default — Insurance — Personal injury protection — Default entered after insurer failed to appear for pretrial conference vacated based upon finding that there was excusable neglect, insurer acted in timely manner to address default, and vacation of default would not result in prejudice to plaintiff
RIVER CITY MEDICAL ASSOCIATES, INC., a/a/o John Wesley Fudge, Jr., Plaintiff, v. HARTFORD CASUALTY INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. COWE15012807 (80). July 29, 2016. Olga Levine, Judge. Counsel: Erika M. Reagan and Todd A. Landau, Landau & Associates, P.A., Hallandale Beach, for Plaintiff. Robert M. Pickett Jr., Law Offices of Jason L. Weissman, Hollywood, for Defendant.
ORDER ON DEFENDANT’S MOTIONTO SET ASIDE DEFAULT
THIS CAUSE having come before this Court on July 18, 2016, on Defendant’s Motion to Set Aside Default, having heard argument of counsel, and the Court being otherwise fully advised in the premises, states as follows:
1. This was a breach of contract action for personal injury protection (“PIP”) benefits arising from a motor vehicle accident occurring on December 8, 2011.
2. Defendant, insurer, did not appear for the pretrial conference.
3. This Court granted Plaintiff’s motion for default. Plaintiff, medical provider, subsequently filed a motion for entry of default judgment.EXCUSABLE NEGLECT
4. A motion to set aside default is to be construed liberally.
5. This Court found there was excusable neglect, and Defendant acted to address the issue within two months of the order for default. This was a relatively short period of time, so setting aside the default would not result in prejudice to Plaintiff.
It is hereby ORDERED AND ADJUDGED that:
Defendant’s Motion to Set Aside Default is GRANTED.
