11 Fla. L. Weekly Supp. 1087b
Insurance — Personal injury protection — Discovery — Failure to comply — Sanctions — Insurer’s motion to dismiss for failure to comply with discovery order is denied, but attorney’s fees for cost of bringing motion are awarded
STEVEN J. AUGUSTINE, M.S., D.C., P.A. D/B/A Northwest Chiropractic Center (As Assignee of Ezekiel Thomas), Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 03-9678-SC, Division L. September 22, 2004. Artemeus E. McNeil, Judge. Counsel: Kimberly A. Sandefer, Gale L. Young, P.A., Tampa. David W. Lipscomb.
ORDER ON DEFENDANT’S MOTION TO DISMISS FOR FAILURE TO COMPLY WITH DISCOVERY ORDERS
THIS CAUSE, having come on before this Court on September 7, 2004, with the Honorable Ralph Steinberg presiding in the absence of the Honorable Artemus McNeil, upon the Defendant’s Motion to Dismiss for Failure to Comply with Discovery Orders, 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 Motion to Dismiss For Failure to Comply With Discovery Orders is DENIED. However, Plaintiff shall provide better and/or sufficient responses to Defendant’s Interrogatories numbers 13 and 14 and better and/or sufficient responses to Defendant’s Request to Produce numbers 4, 21, 26 and 35, as previously ordered by this Court. Said responses shall be provided to Defendant within 20 days from September 7, 2004.
2. The Court awards to the Defendant $250.00 in attorney’s fees for the cost of bringing Defendant’s Motion before the Court, to be paid by Plaintiff to the Defendant within 20 days from September 7, 2004.
* * *
