11 Fla. L. Weekly Supp. 649c
Insurance — Personal injury protection — Discovery — Depositions — Failure of subpoenaed witness to attend — Sanctions — Third-party witness who failed to attend deposition or notify counsel or court reporter of inability to attend is found in contempt and required to pay court reporter fee, cost of re-service of subpoena, and fees for attorney’s attendance and half hour wait
ROM DIAGNOSTICS, INC., as assignee of Marcelin Thelusma, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. SCO-01-11651. May 3, 2004. C. Jeffery Arnold, Judge. Counsel: Tom Player. George Milev, Adams, Blackwell, & Diaco, P.A..
FINAL JUDGMENT IN FAVOR OF PROGRESSIVE AGAINST RAY SARMIENTO
This Cause having come before the Court on April 19, 2004 on Defendant’s Motion and Notice of Hearing, Defendant and Plaintiff having appeared through counsel, having presented arguments, Ray Sarmiento having failed to appear after notice, and not represented 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 not a party to this action.
3. Mr. Sarmiento was properly served and subpoenaed for deposition by Defendant on April 30, 2003.
4. Mr. Sarmiento failed to appear for said deposition scheduled to take place on June 23, 2003.
5. Mr. Sarmiento did not notify either counsel of record or court reporter of inability to attend the deposition on June 23, 2003.
6. Ray Sarmiento, 1731 Sweetwater West Circle, Apopka, FL 32712, is found in contempt of court and the Court enters a final judgment against him in the amount of $195, for which let execution issue.
7. The Final Judgment against Ray Sarmiento consists of $70 court reporter cost, $25 re-service of subpoena cost and $100 in Defendant’s attorney’s fees for having to attend and wait for 30 minutes for Mr. Sarmiento at the deposition on June 23, 2003.
8. The Final Judgment shall bear interest as set by §55.03 Fla. Stat. (2003).
9. The Final Judgment shall have no impact on the successor in interest of ROM Diagnostics, Inc.
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