On June 29, 2020 a
Order
was filed
involving a dispute between
Tiseo, Albert J J,
Tiseo, Albert J Jr,
and
Martin, Mike,
Mike Martin Agency, Inc.,
State Farm Mutual Automobile Insurance Company,
for Claims more than $2,501 but less than $8,000
in the District Court of Charlotte County.
Preview
Filing # 121495758 E-Filed 02/16/2021 04:57:49 PM
IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
CIVIL ACTION - SMALL CLAIMS DIVISION
ALBERT J. TISEO, JR.,
Plaintiff,
vs. CASE NO. 2020-SP-901
MIKE MARTIN, individually,
MIKE MARTIN AGENCY, INC., a
Florida corporation and
STATE FARM MUTUAL AUTOMOBILE
INSURANCE COMPANY,
a foreign corporation,
Defendants.
ORDER GRANTING PLAINTIFF’S
MOTION TO STRIKE AND TO COMPEL AND
DENYING DEFENDANT’S MOTION TO DISMISS AND
MOTION FOR PROTECTIVE ORDER AND
ORDER TO COORDINATE THE SCHEDULING OF A PRETRIAL CONFERENCE
This matter having come before the Court on Plaintiffs Motion to Compel and
Motion to Strike and Set Aside Joint Stipulation and Defendants’ Motion to Dismiss
Plaintiffs Complaint and Defendants’ Motion for Protective Order to Stay Discovery
Pending Resolution of Defendants’ Motion to Dismiss, having reviewed the Court file
and having heard argument of counsel and being otherwise duly advised in the premises
does ORDER and ADJUDGE as follows:
1. Plaintiffs Motion to Compel and Motion to Strike and Set Aside Joint
Stipulation are hereby GRANTED.
2. Defendants’ Motion to Dismiss Plaintiffs Complaint is hereby DENIED as
moot.3. Defendants’ Motion for Protective Order to Stay Discovery Pending
Resolution of Defendants’ Motion to Dismiss is hereby DENIED as moot.
4. Under the Small Claims Rules where all parties are represented by an
attorney, counsel may agree to waive personal appearance at the initial pretrial
conference, if a written agreement of waiver signed by all attorneys is presented to the
court prior to or at the pretrial conference. The agreement shall contain a short
statement of the disputed issues of fact and law, the number of witnesses expected to
testify, an estimate of the time needed to try the case, and any stipulations of fact. The
court shall forthwith set the case for trial within the time prescribed by these rules. If
counsel cannot agree to waive the pretrial conference and comply with the above rule,
they shall coordinate a date and time for the pretrial conference and advise the Court’s
judicial assistant within ten (10) days of the date and time for said pretrial conference.
5. Should either party wish to invoke the Rules of Civil Procedure a Motion
directed to same should be filed within the next ten (10) days.
DONE AND ORDERED in Chambers, Punta Gorda, Charlotte County, Florida.
py pe OR
on 02/1872021'14:34:00 qVZ1B8it
i in 20000801SP
Electronic Service List
Albert J. Tiseo Jr. ,
Mark S. Tomlinson ,
Jeffrey D Peairs ,
Document Filed Date
February 16, 2021
Case Filing Date
June 29, 2020
Category
Claims more than $2,501 but less than $8,000
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
Filing # 121495758 E-Filed 02/16/2021 04:57:49 PM IN THE COUNTY COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA CIVIL ACTION - SMALL CLAIMS DIVISION ALBERT J. TISEO, JR., Plaintiff, vs. CASE NO. 2020-SP-901 MIKE MARTIN, individually, MIKE MARTIN AGENCY, INC., a Florida corporation and STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a foreign corporation, Defendants. ORDER GRANTING PLAINTIFF’S MOTION TO STRIKE AND TO COMPEL AND DENYING DEFENDANT’S MOTION TO DISMISS AND MOTION FOR PROTECTIVE ORDER AND ORDER TO COORDINATE THE SCHEDULING OF A PRETRIAL CONFERENCE This matter having come before the Court on Plaintiffs Motion to Compel and Motion to Strike and Set Aside Joint Stipulation and Defendants’ Motion to Dismiss Plaintiffs Complaint and Defendants’ Motion for Protective Order to Stay Discovery Pending Resolution of Defendants’ Motion to Dismiss, having reviewed the Court file and having heard argument of counsel and being otherwise duly advised in the premises does ORDER and ADJUDGE as follows: 1. Plaintiffs Motion to Compel and Motion to Strike and Set Aside Joint Stipulation are hereby GRANTED. 2. Defendants’ Motion to Dismiss Plaintiffs Complaint is hereby DENIED as moot.3. Defendants’ Motion for Protective Order to Stay Discovery Pending Resolution of Defendants’ Motion to Dismiss is hereby DENIED as moot. 4. Under the Small Claims Rules where all parties are represented by an attorney, counsel may agree to waive personal appearance at the initial pretrial conference, if a written agreement of waiver signed by all attorneys is presented to the court prior to or at the pretrial conference. The agreement shall contain a short statement of the disputed issues of fact and law, the number of witnesses expected to testify, an estimate of the time needed to try the case, and any stipulations of fact. The court shall forthwith set the case for trial within the time prescribed by these rules. If counsel cannot agree to waive the pretrial conference and comply with the above rule, they shall coordinate a date and time for the pretrial conference and advise the Court’s judicial assistant within ten (10) days of the date and time for said pretrial conference. 5. Should either party wish to invoke the Rules of Civil Procedure a Motion directed to same should be filed within the next ten (10) days. DONE AND ORDERED in Chambers, Punta Gorda, Charlotte County, Florida. py pe OR on 02/1872021'14:34:00 qVZ1B8it i in 20000801SP Electronic Service List Albert J. Tiseo Jr. , Mark S. Tomlinson , Jeffrey D Peairs ,