11 Fla. L. Weekly Supp. 828b
Insurance — Discovery — Documents — Third party must produce records requested in subpoena duces tecum without deposition or be held in contempt
MARGARET C. MOORE, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 6th Judicial Circuit in and for Pinellas County, Civil Division. Case No. 03-1675-CO-40. May 25, 2004. Henry J. Andringa, Judge. Counsel: Michele C. Pittman. J. Stanford Morse.
ORDER ON DEFENDANT’S MOTION FOR CONTEMPTAND/OR MOTION FOR ORDER COMPELLINGWITNESS TO PRODUCE RECORDS REQUESTED BYSUBPOENA DUCES TECUM WITHOUT DEPOSITION
THIS CAUSE having been set for hearing on May 17, 2004 upon Defendant’s Motion For Contempt And/Or Motion For Order Compelling Witness to Produce Records Requested By Subpoena Duces Tecum Without Deposition, and Defendant having served AMERIPATH FLORIDA, INC. with said motion and notice of said hearing, and AMERIPATH FLORIDA, INC. failing to appear, it is hereby,
ORDERED AND ADJUDGED that Defendant’s Motion is GRANTED. AMERIPATH FLORIDA, INC. is compelled to produce the documents requested by Defendant in the Subpoena Duces Tecum bearing a certificate of service date January 28, 2004, and accepted by Terry Peagler AMERIPATH FLORIDA, INC. on February 2, 2004. AMERIPATH FLORIDA, INC. must produce the requested materials to Defendant within 30 days of the date of the hearing on this matter, May 17, 2004, or AMERIPATH FLORDIA, INC., will be held in contempt by this court. The Defendant is further awarded reasonable attorney’s fees and costs for bringing Defendant’s motion before this Court. The court reserves jurisdiction to determine the amount of fees awarded at a later date.
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