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CHIROPRACTIC CENTER OF LAKELAND, INC., (As Assignee of Monica Williams), Plaintiff, vs. PROGRESSIVE AUTO PRO INSURANCE COMPANY, Defendants.

11 Fla. L. Weekly Supp. 1082a

Small claims — Motion to dismiss for failure to comply with discovery order denied — Plaintiff ordered to provide responses — Attorney’s fees awarded

CHIROPRACTIC CENTER OF LAKELAND, INC., (As Assignee of Monica Williams), Plaintiff, vs. PROGRESSIVE AUTO PRO INSURANCE COMPANY, Defendants. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 03-3363-SC, Division J. September 10, 2004. Gaston J. Fernandez, Judge. Counsel: Gale L. Young, Gale L. Young, P.A., Tampa. David W. Lipscomb.

ORDER ON DEFENDANT’S SECOND MOTION TO DISMISS FOR FAILURE TO COMPLY WITH DISCOVERY ORDER

THIS CAUSE, having come on before this Court on September 2, 2004, upon the Defendant’s Second Motion to Dismiss for Failure to Comply with Discovery Order, and the Court having heard argument of counsel for the respective parties, and being otherwise duly advised in the premises, it is hereby

ORDERED AND ADJUDGED as follows:

1. Defendant’s Second Motion to Dismiss For Failure to Comply With Discovery Order is DENIED. However, Plaintiff shall provide responses to Defendant’s Request to Produce numbers 16 and 17. Said responses shall be provided to Defendant within 30 days from September 2, 2004.

2. The Court awards two (2) hour of attorney’s fees, in the amount of $200.00, to the Defendant for the cost of bringing Defendant’s Motion before the Court, to be paid by the Plaintiff to the Defendant.

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