18 Fla. L. Weekly Supp. 692a
Online Reference: FLWSUPP 1808EURE
Insurance — Discovery — Depositions — Expert witness fee — Physician is awarded expert witness fee for deposition testimony — Interrogatories — Portion of insurer’s response to interrogatories reserving right to request peer reviews and supplement response is stricken
EAST SIDE CHIROPRACTIC CENTER, INC., a/a/o (Regina Eure, Patient), Plaintiff(s), vs. UNITED AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 09-011906 CONO 73. May 16, 2011. Honorable Steven P. Deluca, Judge. Counsel: Andrew J. Weinstein, Weinstein Law Firm, Coral Springs, for Plaintiff. Orlando Ortiz, Miami, for Defendant.
ORDER ON PLAINTIFF’S MOTION FOR PROTECTIVE ORDER AND PLAINTIFF’S MOTION FOR PAYMENT OF EXPERT WITNESS FEE
THIS CAUSE came before the Court on April 21, 2011 for hearing on Plaintiff’s Motion for Protective Order and Plaintiff’s Motion for Payment of Expert Witness Fee. The Court, reviewed the motion and entire Court file, heard argument, reviewed relevant legal authorities, and was sufficiently advised on the premises. It is therefore,
ORDERED AND ADJUDGED AS FOLLOWS:
1. Plaintiff’s Motion for Protective Order and Plaintiff’s Motion for Payment of Expert Witness Fee is GRANTED. Dr. Gallo shall be paid an expert witness fee for the taking of his deposition.
2. Should the Plaintiff and Defendant not agree as to the amount of this expert witness fee prior the deposition, a hearing shall be had on that amount.
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ORDER ON PLAINTIFF’S MOTION TO COMPEL BETTER ANSWERS TO INTERROGATORIES
THIS CAUSE came before the Court on April 21, 2011 for hearing on Plaintiff’s Motion to Compel Better Answers to Interrogatories. The Court, reviewed the motion and entire Court file, heard argument, reviewed relevant legal authorities, and was sufficiently advised on the premises. It is therefore,
ORDERED AND ADJUDGED AS FOLLOWS:
1. Plaintiff’s Motion to Compel Better Answers to Interrogatories is GRANTED
2. The portion of Defendant’s response to Interrogatories 6 & 9 which reads “Defendant further states that it reserves the right to request peer review(s). Defendant reserves the right to supplement its response if necessary. Discovery is ongoing.” is hereby Stricken as extraneous, non-responsive, and not authorized by the Florida Rules of Civil Procedure.
