David Galat v. William R. Ferrara and William A. Ferrara

Matthew Bernstein (Central Florida) (Auto Liability) Plaintiff filed a complaint on 09/04/2020 for bodily injury stemming from an auto accident. Over the next two years, Plaintiff did nothing to move the case forward, including serve the Insureds. We moved to dismiss the Complaint on behalf of the Insured for lack of service of process and lack of prosecution. The Plaintiff opposed the Motion at the hearing on 11/04/2022 but put forth no sworn affidavits or other record evidence of any due diligence or good faith in attempting to serve the Insureds or move the case forward. The Court granted the Motion to Dismiss and because the Statute of Limitations has now run on Plaintiff’s claim, the Court included “Final Judgment” language in the Order.