12 Fla. L. Weekly Supp. 664b
Insurance — Personal injury protection — Discovery — Depositions — Expert witness fees — Physician testifying about medical matters requiring education and experience of a physician is entitled to expert witness fee
CONRAD GRAHAM, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 4th Judicial Circuit in and for Duval County, Small Claims Court. Case No. 16-2003-SC-2913, Div. J. April 12, 2005. Eleni Derke, Judge. Counsel: James J. Woodruff, II, Farah, Farah & Abbott, P.A., Jacksonville, for Plaintiff. Edward Merrigan, for Defendant.
ORDER
THIS CASE coming before the Court sub judice on “Plaintiff’s Motion for Protective Order And Motion To Recover Reasonable Fee For Expert Witness Testimony,” and after considering argument of counsel and relevant Florida Law, it is hereby ORDERED AND ADJUDGED:
Plaintiff’s Motion to Recover Reasonable Fee For Expert Witness Testimony is granted; and the court finds as follows:
1. Dr. Michael C. Tracey, M.D., is a doctor testifying about medical matters requiring the education and experience of a physician and is entitled to payment of an expert fee pursuant to Fla. R. Civ. P. 1.390.
2. The parties shall cooperate in determining a reasonable fee and resort to this Court for an evidentiary hearing as to a reasonable amount for the fee if the parties cannot agree.
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