Motion,Ex Parte: Operation Auto Glass, Llc et al vs Allstate Fire And Casualty Insurance Company

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                                Filing # 137450684 E-Filed 10/28/2021 11:34:27 AM


                            IN THE COUNTY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
                                 IN AND FOR HILLSBOROUGH COUNTY, STATE OF FLORIDA
                                                                 CIVIL DIVISION

                  OPERATION AUTO GLASS, LLC, a/a/o
                  MIKE POE,

                       Plaintiff,

                  v.                                                          CASE NO.: 21-CC-098042

                  ALLSTATE FIRE AND CASUALTY
                  INSURANCE COMPANY,

                       Defendant.
                  _____________________________________/

                                              DEFENDANTS’ MOTION TO INVOKE THE
                                               FLORIDA RULES OF CIVIL PROCEDURE

                           COME       NOW,     the  Defendants,     ALLSTATE         FIRE    AND    CASUALTY          INSURANCE

                  COMPANY, by and through its undersigned counsel, and pursuant to Rule 7.020(c), Fla. Sm. Cl.

                  R.,  requests  this  Court   to invoke   all additional   Florida   Rules   of Civil  Procedure    and  as  support

                  therefore would state as follows:

                           1.       The cause before the Court involves a dispute between Plaintiff and Defendants as

                  to the amount payable under Defendant’s insurance policy issued to the insured for the repair or

                  replacement of the insured’s automobile windshield.

                           2.       This   lawsuit   was   filed  in  Hillsborough     County    pursuant    to  the  Florida   Small

                  Claims Rules.

                           3.       The Florida Small Claims Rules allow for the parties to invoke all Florida Rules

                  of Civil Procedure.      Florida Small Claims Rule 7.020(c), dictates: "In any particular action, the

                  court  may    order   that action   to  proceed    under   one  or  more    additional   Florida   Rules   of  Civil




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                  Procedure    on   application   of  any   party  or  the  stipulation   of  all parties  or  on  the  court’s   own

                  motion."

                           4.       Invoking    all  the  Florida   Rules   of  Civil  Procedure     would   assist  in  the  judicial

                  administration of this cause.



                                    WHEREFORE,             the    Defendants,      ALLSTATE          FIRE     AND      CASUALTY

                  INSURANCE          COMPANY,         respectfully    requests   this  Honorable      Court   to  grant   its motion

                  seeking to invoke all Florida Rules of Civil Procedure to the present action.




                                                         CERTIFICATE OF SERVICE
                           I HEREBY CERTIFY that a true and accurate copy of the above and foregoing has been
                  furnished    by  E-Mail    to Jack   Vasilaros,   Esq.,   Attorney    for the  Plaintiff,  (jack@VLawpa.com,
                  United Law Group of Florida, 1920 West Bay Drive, Suite 1, Largo, FL, 33770) this 28th day of
                  October, 2021.

                                                                       By:    /s/ Ryan S. Stratton
                                                                              Ryan S. Stratton, Esquire
                                                                              Banker Lopez Gassler P.A.
                                                                              360 Central Ave., Suite 700
                                                                              St. Petersburg, FL 33701
                                                                              Service-rstratton@bankerlopez.com
                                                                              Phone: (727) 825-3628
                                                                              Fax: (727) 821-1968
                                                                              FBN: 0124879
                                                                              Attorney for the Defendant




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