12 Fla. L. Weekly Supp. 255b
Insurance — Personal injury protection — Discovery — Depositions — Failure to attend — Sanctions — Attorney’s fees and costs awarded
TAMPA BAY INJURY CENTER, INC., (as Assignee of Nicholas Rabada), Plaintiff, v. METROPOLITAN PROPERTY AND CASUALTY INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 2001-22948-SC – Division J. November 30, 2004. Gaston J. Fernandez, Judge. Counsel: Gale L. Young, Gale L. Young, P.A., Tampa. Matthew Brumley.
ORDER ON DEFENDANT’S MOTION FOR ATTORNEY’S FEES AND COSTS FOR FAILURE TO APPEAR FOR DEPOSITION
THIS CAUSE, having come on before this Court on November 16, 2004, upon the Defendant’s Motion For Attorney’s Fees And Costs For Failure To Appear For Deposition, 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 that Defendant’s Motion is GRANTED. The court awards attorney’s fees and costs to Defendant as follows:
1. Five (5) hours of attorney time at the rate of $125.00 per hour, for a total of $625.00 for the attorney’s preparation far the depositions, attendance at both depositions, and attendance at the hearing on November 16, 2004; and
2. Costs of $213.25.
3. The total amount of $838.25 shall be paid by Plaintiff and Timothy A. Patrick, Esquire, fifty percent each, within forty-five (45) days of the November 16, 2004 hearing.
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