12 Fla. L. Weekly Supp. 664a
Insurance — Personal injury protection — Discovery — Deposition — Treating physician — Deposition of treating physician will be taken at physician’s office or court reporter’s office at hour not to interfere with clinic hours, and scope is limited to services performed on insured — Court reserves ruling on physician’s entitlement to expert witness fee
PONTE VEDRA CHIROPRACTIC MEDICINE & P.T., INC., as assignee of James Stockton, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 4th Judicial Circuit in and for St. Johns County, Small Claims Court. Case No. SP03-2514, Division 66. April 12, 2005, nunc pro tunc to April 6, 2005. Charles J. Tinlin, Judge. Counsel: David G. Candelaria, Farah, Farah, & Abbott, P.A., Jacksonville. Christopher K. Liefer.
ORDER
THIS CAUSE coming before the Court sub judice on “Plaintiff’s Resubmitted Motion to Recover Reasonable Fee For Expert Testimony By Richard G. Packo, D.C. and Motion for Protective Order,” and after considering argument of counsel and relevant Florida Law, it is hereby
ORDERED AND ADJUDGED:
1. Dr. Packo will not be required to travel to Duval County, instead, he will make himself available for deposition at his office if agreed to by counsel or at a court reporters office in Ponte Vedra, nearby his office.
2. The hour of the deposition is not to interfere with his clinic hours, counsel are to agree on the day and time.
3. Scope of the deposition will be limited to medical services performed on James Stockton during April, 2003.
4. Court reserves ruling on the payment of expert witness fee and awaits the filing of a supplemental memorandum in support of Plaintiff’s arguments, and to be filed by Plaintiff within the next 10 days. Defendant shall file a response to Plaintiff’s Supplemental Memorandum within 10 days of receipt.
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