12 Fla. L. Weekly Supp. 230d
Insurance — Personal injury protection — Discovery — Depositions — Order memorializing agreement to pay expert witness fee for time spent by counsel for medical provider preparing for and being deposed regarding attorney’s fees
WILLIAM B. WATERS, DC a/a/o VERNON SHAW, Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 1st Judicial Circuit in and for Escambia County. Case No. 2004 SC 001785, Division V for I. December 6, 2004. Patricia A. Kinsey, Judge. Counsel: Robert N. Heath, Jr., McDonald, Fleming, et al., Pensacola, for Plaintiff. Craig B. Morris, Daniel, Upton, Perry & Morris, LLC, Daphne, for Defendant.
ORDER RATIFYING STIPULATION OF PARTIES
On December 1, 2004, the plaintiff filed a motion for protective order asking the court to require defendant pay an “expert witness fee” for the time expended by plaintiff’s counsel preparing for and being deposed on January 13, 2005. This deposition is discovery in anticipation of the attorney’s fee hearing currently set for late January, 2005.
On December 6, 2004, prior to the start of the hearing, the parties discussed the issues and the defendant agreed to pay an expert witness fee, if and when counsel for plaintiff was deposed. The court announced it would enter an order memorializing the agreement. Therefore it is
ORDERED AND ADJUDGED that defendant shall pay plaintiff’s counsel an hourly rate of $300.00 for time expended in preparation for his deposition, and for time spent in deposition. Payment shall be tendered no later than the time set for the deposition, unless other arrangements are made prior to the deposition to the satisfaction of both parties.
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