12 Fla. L. Weekly Supp. 769a
Insurance — Personal injury protection — Discovery — Depositions — Treating physician — Deposition of treating physician who resides and works in Tallahassee shall occur in Tallahassee, not in Duval County where suit was filed
TALLAHASSEE ORTHOPEDIC CLINIC III, P.L., as Assignee for CHELA MILBURN, Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, a Florida Insurance Company, Defendant. County Court, 4th Judicial Circuit in and for Duval County. Case No. 16-2003-SC-008312, Division L. May 12, 2005. Harold C. Arnold, Judge. Counsel: Joseph V. Camerlengo and R. Brian Boyd, Camerlengo & Brockwell, P.L., Jacksonville, for Plaintiff. Edward Merrigan, James C. Rinaman III & Associates, P.A., for Defendant.
ORDER ON PLAINTIFF’S MOTION FOR PROTECTIVE ORDER
This cause came to be heard on the 26th day of April, 2005 upon Plaintiff’s Motion for Protective Order, and the Court, having heard arguments and being otherwise advised, the Court makes the following findings of fact and conclusions of law:
FINDINGS OF FACT:
1. Plaintiff filed this lawsuit for No-Fault benefits in Duval County, Florida.
2. Defendant has not objected to or moved to transfer venue in this matter.
3. Defendant sought to take the deposition of Dr. Wingo, the treating physician in Duval County, Florida.
4. Dr. Wingo resides and works in Tallahassee, Leon County, Florida. Accordingly, it is,
ORDERED AND ADJUDGED:
1. Plaintiff’s Motion for Protective Order is GRANTED. The deposition of Dr. Wingo shall occur in Tallahassee, Leon County, Florida.
2. Plaintiff has agreed to coordinate multiple back to back depositions of the various treating physicians for the multiple lawsuits that exist between the parties.
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