10 Fla. L. Weekly Supp. 843c
Insurance — Discovery — Depositions — Expert witness fee — Fact witnesses — Depositions can take place without paying expert fee so long as questioning is related to treatment rendered to plaintiff and depositions are limited to one hour — Failure to adhere to restrictions and limitations will entitle deponents to expert witness fee
MARLIN DIAGNOSTICS & CHIROPRACTIC SERVICES (a/a/o Guillermo Elguea), Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 17th Judicial Circuit in and for Broward County. Case No. 02025010 COCE 49. June 26, 2003. Kathleen Ireland, Judge. Counsel: Justin G. Morgan. Matt Hellman, Matt Hellman, P.A., Plantation.
ORDER ON PLAINTIFF’S MOTION TO COMPEL EXPERT FEE
THIS CAUSE having come before this Court upon Plaintiff’s Motion to Compel Expert Fee, and the Court having heard argument of counsel, and being otherwise advised in the premises, it is hereupon:
ORDERED AND ADJUDGED, that said Motion be, and the same is hereby denied as follows,
1. That this Court is in agreement with the ruling set forth in Frantz v. Golebiewski, 407 So.2d 283 (3rd DCA 1981), in finding that there is a difference between a fact witness and an expert witness. In the case at bar, this Court finds that Dr. Manuel Gonzalez and Carla Catalan are fact witnesses, and as such, the depositions of these individuals can take place without paying an expert fee.
2. The following restrictions or limitations apply to the taking of said depositions,
a. The questioning of the subject deponents must be related to the treatment rendered to Guillermo Elguea.
b. The subject depositions shall be limited to 1 (one) hour.
c. Failure to adhere to said restrictions and limitations shall entitle said deponents to an expert witness fee.
3. If it becomes necessary to award an expert witness fee, Carla Catalan shall be paid $300.00 an hour and Dr. Manuel Gonzalez shall be paid $400.00 an hour.
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