Motion,Ex Parte: Westfall, Judy et al vs American Integrity Insurance C

• 
• 
• 
• 
• 
• 

						
                                
Preview
                                Filing # 194314342 E-Filed 03/19/2024 11:03:00 AM




          IN  THE  CIRCUIT  COURT  OF                 THE
          TWELFTH JUDICIAL CIRCUIT IN                 AND
          FOR DESOTO COUNTY, FLORIDA


          Case No.:   2024-CA-000092

          ROGER WESTFALL AND JUDY
          WESTFALL,

                          Plaintiffs,

         Vv.


         AMERICAN INTEGRITY INSURANCE
         COMPANY OF FLORIDA,

                          Defendant.




                      DEFENDANT’S MOTION FOR ENLARGEMENT OF TIME TO
                              RESPOND TO PLAINTIFFS’ COMPLAINT

                Defendant,     AMERICAN       INTEGRITY     INSURANCE        COMPANY      OF    FLORIDA

        (hereinafter referred to as “Defendant’”), by and through the undersigned counsel and pursuant to

        Rule 1.090 of the Florida Rules of Civil Procedure, hereby files its Motion for Enlargement of

        Time to file its Response to the Complaint filed by Plaintiffs, ROGER WESTFALL AND JUDY

        WESTFALL (hereinafter referred to as the “Plaintiffs”), and in support thereof states as follows:

                 1      The Complaint in this matter was served upon Defendant on February 28, 2024.

                2       However, at this time, the undersigned counsel is not in a position to file its

        response to the Complaint, and as a result, seeks an additional extension of time to respond to

        same.


                3       The Defendant seeks an enlargement of thirty (30) days from the original due date

         for the filing of any responsive pleading.


        Electronically Filed DeSoto Case # 2024CA000092AXMA 03/19/2024 11:03:00 AM
CASE NO.: 2024-CA-000092


        4       There should be no prejudice to any party by the granting of this enlargement of

time.

        5       The undersigned will confer with counsel for Plaintiff prior to the date this motion

is heard in an effort to reach an agreement as to the extension.

        6.      This request is made in good faith, in an abundance of caution, and is not intended

to delay action on this matter.

        WHEREFORE,         Defendant, AMERICAN       INTEGRITY      INSURANCE      COMPANY       OF

FLORIDA, respectfully requests that this Court enter an Order granting this Motion for Extension

of Time to Respond to the Complaint, and grant any further relief this Court deems just and proper

under the circumstances.




                  [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
CASE NO.: 2024-CA-000092


                                   CERTIFICATE OF SERVICE

        I HEREBY      CERTIFY that on 19" day of March, 2024, this document was filed using the

Florida Courts E-Filing Portal and in compliance with Fla. R. Jud. Admin. 2.516. The addresses

of   counsel   are:   James   S.   Constable,   Esquire,   Constable      Law,      P.A.,   lit@constable-

law.com;KATE@constable-law.com;contact@constable-law.com,                 139 6th Ave.      South,   Safety

Harbor, FL 34695, (727) 797-0100/(727) 726-6917 (F), Attorney for Plaintiffs.

                                                    Kelley Kronenberg


                                                    /s/ John S. Riordan
                                                    John S. Riordan, Esquire
                                                    Fla. Bar No. 0568694
                                                   jriordan@kelleykronenberg.com
                                                    1475 Centrepark Boulevard Suite 275
                                                    West Palm Beach, FL          33401
                                                    Telephone: (561) 684-5956
                                                    Facsimile: (561) 684-5753
                                                    Counsel for Defendant American Integrity
                                                   Insurance Company of Florida
                                                   SERVICE EMAIL:
                                                   jriordan@kelleykronenberg.com
                                                    hmoore@kelleykronenberg.com