14 Fla. L. Weekly Supp. 52a
Insurance — Personal injury protection — Discovery — Depositions — Failure to attend — Sanctions — Where insured failed to appear at deposition as ordered by court, and insured’s conduct has been willful, ongoing and repeated, summary judgment is granted in favor of insurer — Costs awarded to insurer
UNITRIN DIRECT INSURANCE COMPANY, Plaintiff, v. RENANDE HIPPOLITE, Defendant. Circuit Court, 9th Judicial Circuit in and for Orange County. Case No. 05-CA-9627. September 12, 2006. Lawrence R. Kirkwood, Judge. Counsel: Brian T. Forman, Kingsford & Rock, P.A., Maitland.
ORDER ON PLAINTIFF’S MOTION FOR SANCTIONS AND PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT
This Court, having heard the Plaintiff’s Motion for Sanctions against Defendant, Renande Hippolite, and the Plaintiff’s Motion for Summary Judgment, on September 12, 2006, and having considered the contents of the court file, the pleadings and the evidence contained therein, and, having considered the arguments of the parties, this Court does:
ORDER AND ADJUDGE:
1. The Plaintiff’s Motion for Sanctions against Defendant, Renande Hippolite is GRANTED.
2. The Plaintiff’s Motion for Summary Judgment is GRANTED.
3. This Court ordered that the Defendant, Renande Hippolite, appear for her deposition at the Law Offices of Kingsford & Rock, P.A. located at 2300 Maitland Center Parkway, Suite #101, Maitland, Florida, on Friday, August 4, 2006 at 4:00 p.m., Eastern Standard Time. Pursuant to the Order, the Plaintiff provided a Haitian-Creole Translator and Interpreter, who was in attendance.
4. According to the Court file, the Defendant did not appear. This Court specified the date, the time, and the location for the Defendant’s deposition to take place and, nevertheless, the Defendant continued to exhibit a deliberate, willful, and contumacious disregard for this Court’s order.
5. While the Court recognizes that entry of a Final Judgment based on these grounds is a drastic measure, the Defendant’s conduct has been willful, ongoing and repeated in nature. See generally Samuels v. King Motor Company of Fort Lauderdale, 782 So.2d 489 (Fla. 4th DCA 2001).
6. The Court finds that the Plaintiff is entitled to reimbursement of the costs in prosecuting this matter as reflected in the Uniform Statewide Guidelines for the Taxation of Costs as a sanction for the Defendant’s lack of regard for the orders of this court.
7. The Court reserves jurisdiction over this matter in order to determine the amount of the costs sanction to be imposed against Renande Hippolite.