11 Fla. L. Weekly Supp. 650a
Insurance — Automobile — Discovery — Depositions — Failure of subpoenaed witness to appear — Sanctions — Former owner of plaintiff/assignee who failed to appear for deposition is ordered to appear for deposition and pay cost of court reporter — Court reserves ruling on motion for contempt and amount of attorney’s fees due to insurer by witness
MCM SUPPLY, INC., as assignee of Robert S. Hedrick, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. CCO-02-17172. May 11, 2004. Leon B. Cheek, III, Judge. Counsel: Peter Hagood. George Milev, Adams, Blackwell & Diaco, P.A., Tampa.
ORDER
This Cause having come before the Court on May 3, 2004 on Defendant’s Motion and Notice of Ex-Parte Hearing, Defendant and Plaintiff having appeared through counsel, having presented arguments, Ray Sarmiento having appeared unrepresented by counsel, and this Court having reviewed the record and being otherwise duly advised in the premises, the Court hereby FINDS, ORDERS AND ADJUDGES as follows:
1. This is an action for an alleged breach of automobile insurance contract.
2. Ray Sarmiento is former owner of MCM Supply, Inc.
3. Ray Sarmiento was served and subpoenaed for deposition by Defendant on December 16, 2003.
4. Ray Sarmiento failed to appear for said deposition scheduled to take place on March 17, 2004.
5. The Court reserves ruling on Defendant’s Motion for Contempt of Court.
6. Ray Sarmiento shall appear for deposition in the above case.
7. Ray Sarmiento shall provide Defendant with deposition dates within 10 days of this Order.
8. The deposition of Ray Sarmiento shall take place within 60 days from this Order at a time and date mutually convenient to both parties and Ray Sarmiento.
9. Mr. Sarmiento shall pay $70 to Defendant to cover the cost of the court reporter for the deposition on March 17, 2004.
10. The Court reserves ruling on the amount of attorney’s fees due to Defendant by Ray Sarmiento for his failure to appear for the deposition on March 17, 2004.
11. Ray Sarmiento shall be entitled to $15 witness fee for his deposition in this case as Ray Sarmiento is not a party to this action.
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