13 Fla. L. Weekly Supp. 1215a
Insurance — Discovery — Depositions — Failure to attend — Sanctions — Where insurer and counsel failed to attend three depositions and failed to file and schedule motion for protective order seeking to excuse attendance, insurer’s counsel is ordered to pay attorney’s fees and court reporter fees to insureds’ counsel
SCOTT DRUMMOND & DAVID AUSLANDER, Plaintiffs/Petitioners, v. AMICA MUTUAL INSURANCE COMPANY, Defendant/Respondent. County Court, 13th Judicial Circuit in and for Hillsborough County, Small Claims Division. Case No. 05-8060-CC, Division I. September 20, 2006. Charlotte W. Anderson, Judge. Counsel: Timothy A. Patrick, Nicholas, Lipscomb & Patrick, P.A., Tampa, for Plaintiff. Douglas Fraley, for Defendant.
ORDER GRANTING PLAINTIFF’S AMENDED SECOND MOTION FOR SANCTIONS
THIS CAUSE having come before the Court on August 21, 2006 on Plaintiff’s/Petitioner’s Amended Second Motion for Sanctions. Present before the Court were Plaintiffs’ counsel, Timothy A. Patrick, and Defendant’s counsel, Douglas Fraley. The Court after hearing argument of counsel and after careful review of the file, makes the following findings:
It is ORDERED and ADJUDGED as follows:
(1) Plaintiff’s Amended Second Motion for Sanctions is HEREBY GRANTED.
(2) The Defendant and its counsel failed to appear for three (3) depositions on December 20, 2005 and July 21, 2006, respectively, and failed to file and schedule the required Motion for Protective Order seeking to excuse their appearance(s).
(3) The court will not allow trial by ambush.
(4) Plaintiff’s counsel is entitled to $300.00 in attorney’s fees, plus the court reporting costs of $40.00 for the missed depositions.
(5) Defendant’s counsel, Douglas Fraley, must pay the sanctions of $340.00 to Plaintiff.
(6) The re-scheduled depositions of Jeanie Van Evera and Steven DeSalvo must occur within thirty (30) days of this hearing. Should it be necessary to schedule these depositions after 5:00 PM in order to comply with the thirty (30) day requirement, the court orders said provision.
(7) If there is any failure to coordinate these depositions, the court will enter an order to show cause.
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