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COASTAL ORTHOPEDICS & SPORTS MEDICINE CENTER, INC., (Joyce Revelle), Plaintiff, vs. PROGRESSIVE BAYSIDE INSURANCE COMPANY, Defendant.

11 Fla. L. Weekly Supp. 70a

Insurance — Discovery — Depositions — Expert witness fee

COASTAL ORTHOPEDICS & SPORTS MEDICINE CENTER, INC., (Joyce Revelle), Plaintiff, vs. PROGRESSIVE BAYSIDE INSURANCE COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Brevard County. Case No. 05-01-CC-29492. October 30, 2003. David E. Silverman, Judge. Counsel: Roberts Bradford. James T. Sparkman, James T. Sparkman & Associates, Fort Lauderdale.

ORDER GRANTING DEFENDANT’S MOTION TO COMPEL DEPOSITION OF DR. NORMAN PALMERI WITHOUT A FEE

THIS CAUSE having come before the Court on October 14, 2003 pursuant to Defendant’s Motion to Compel Deposition of Dr. Norman Palmeri without a Fee, and the Court having heard argument and being otherwise fully apprised, it is hereby

ORDERED AND ADJUDGED:

1. That the motion is Granted to the extent that the deposition of Dr. Palmeri may proceed without an expert fee on the Beech Street issue, the reasonableness of the charges for the treatment rendered, and other related business matters relative to the charges rendered for the patient in this case.

2. However, the granting of this motion is without prejudice for the Plaintiff to have leave to file a timely motion for protective order based on the recent case of Nationwide vs. Central Florida Physiatrists, 851 So.2d 762 (Fla. 5th DCA 2003).

3. The Defendant shall schedule the deposition of Dr. Palmeri far enough in advance for the Plaintiff to be able to have the motion for protective order heard.

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