12 Fla. L. Weekly Supp. 367a
Insurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Treating physician is fact witness not entitled to recover expert witness fee for deposition testimony
OCCUPATIONAL AND REHABILITATION CENTER, (as assignee of Jason Chamblee), Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 4th Judicial Circuit in and for Duval County, Small Claims Court. Case No. 2001-9254-SP, Division I. January 10, 2005. Pauline M. Drayton, Judge. Counsel: David G. Candelaria, Farah, Farah & Abbott, P.A., Jacksonville, for Plaintiff. Glenn S. Banner, Rinaman & Associates, P.A., Jacksonville, for Defendant.
ORDER DENYING PLAINTIFF’S MOTION TO RECOVER REASONABLE FEE FOR EXPERT TESTIMONY BYDR. JACKSON C. TAN, M.D.
THIS CAUSE, having come before the Court on October 25, 2004, on Plaintiff’s Motion to Recover Reasonable Fee for Expert Testimony by Dr. Jackson C. Tan, M.D., and the Court having heard arguments of counsel, reviewed the pleadings and motions, and being otherwise advised in the premises, it is:
ORDERED and ADJUDGED as follows:
1. That the Plaintiff’s Motion to Recover Reasonable Fee for Expert Testimony by Dr. Jackson C. Tan, M.D., is DENIED.
2. Under Florida Rule of Civil Procedure 1.390(a), Dr. Tan would be considered an expert but for the application of Florida Rule of Civil Procedure 1.280, as he was not acquired or developed in anticipation of litigation or for trial.
3. Dr. Tan as the treating physician, is a fact witness regarding the medical treatment and services rendered by the Plaintiff in this action. Dr. Tan as a fact witness, is not entitled to recover an expert fee for his deposition testimony.
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