9 Fla. L. Weekly Supp. 778a
Civil procedure — Insurance — Where insurer filed untimely responses to medical provider’s request for admissions, request for admissions are deemed admitted
MCM SUPPLY, as assignee of TONYA RIVERS, Plaintiff, vs. CASUALTY RECIPROCAL EXCHANGE, SUBSCRIBERS AT, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. CCO-02-3813. October 8, 2002. Thomas R. Kirkland, Judge. Counsel: Alexander Billias, Morgan, Colling & Gilbert, P.A., Orlando, for Plaintiff. Jack L. McRay, Holtzman, Equels & Furia, Orlando, for Defendant.
ORDER ON PLAINTIFF’S MOTION TO COMPEL/MOTIONFOR PLAINTIFF’S FIRST REQUEST FORADMISSIONS TO BE DEEMED ADMITTED
This matter having come before the Court on September 18, 2002 on Plaintiff’s Motion to Compel/Motion for Plaintiff’s First Request for Admissions to be Deemed Admitted, (certificate date September 4, 2002), the Court having reviewed the file, having heard argument of counsel, having considered the parties’ written submissions, and being fully advised in the premises as follows:
PROCEDURAL BACKGROUND AND FACTS
1. This is a claim for personal injury protection benefits arising out of an automobile accident that occurred on July 14, 2001.
2. Plaintiff served its First Request for Admissions on Defendant together with the complaint on March 29, 2002.
3. Pursuant to Florida Rule of Civil Procedure 1.370, Defendant’s responses to Plaintiff’s First Request for Admissions were due on May 13, 2002.
4. Defendant served its Responses to Plaintiff’s First Request for Admissions on August 16, 2002.
LAW AND ANALYSIS
It is ORDERED and ADJUDGED that:
5. Pursuant to Florida Rule of Civil Procedure 1.370, Defendant’s responses to Plaintiff’s First Request for Admissions are untimely and therefore Plaintiff’s First Request for Admissions are hereby DEEMED ADMITTED by this Court.
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