10 Fla. L. Weekly Supp. 751b
Insurance — Discovery — Depositions — Expert witness fee — Physician member of plaintiff medical provider must submit to deposition without a fee, however questioning will be limited to Beech Street issues and matters related to operation of plaintiff’s business
COASTAL ORTHOPEDICS & SPORTS MEDICINE CENTER, INC., (Roberta Moore), Plaintiff, vs. PROGRESSIVE BAYSIDE INSURANCE COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Brevard County. Case No. 05-01-CC-02989-4. June 26, 2003. George B. Turner, Judge. Counsel: Amir Fleischer. James T. Sparkman, James T. Sparkman & Associates, Fort Lauderdale.
ORDER GRANTING DEFENDANT’S MOTION TO COMPEL
THIS CAUSE came before this Honorable Court on June 23, 2003 pursuant to Defendant’s Motion to Compel deposition of Dr. Edward Rossario without a fee, and having heard argument and being fully apprised it is hereby;
ORDERED AND ADJUDGED that:
1. Defendant’s Motion to Compel deposition of Dr. Rossario without a fee is hereby GRANTED, as Dr. Rossario is a member of the Plaintiff medical provider.
2. However, the questions will be limited to the Beech Street issues and business matters related to the operation of the Plaintiff’s business.
3. The Court finds that the deposition is sought for factual questions on these business issues only and therefore does not fall within Fla. R. Civ. P. 1.390.
4. This Order is without prejudice for the Plaintiff to bring to the Court’s attention any deposition questions that may result in expert testimony within the meaning of Fla. R. Civ. P. 1.390.
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