10 Fla. L. Weekly Supp. 845b

Insurance — Discovery — Depositions — Expert witness fee — Physician whose role is that of fact witness is not entitled to expert witness fee for deposition testimony

NEUROSCIENCE & SPINE ASSOCIATES, P.L. (as assignee of Jeff Julier), Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 20th Judicial Circuit in and for Collier County. Case No. 03-518-SP. July 30, 2003. Eugene C. Turner, Judge. Counsel: Jonathan Tolentino. Matt Hellman, Matt Hellman, P.A., Plantation.

ORDER

THIS CAUSE having come on to be heard before this Court upon the Plaintiff’s Motion for Protective Order and the Court having been fully advised of the premises, the Court finds that Dr. Morell’s role in this cause is a fact witness, not an expert witness. Therefore, he is not entitled to payment of an expert witness fee.

HEREBY ORDERED AND ADJUDGED that the Motion for Protective Order is DENIED. The parties are further advised to schedule the deposition of Dr. Morell at a mutually agreeable time.

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