14 Fla. L. Weekly Supp. 52b
Insurance — Discovery — Depositions — Failure to attend — Sanctions — Attorney’s fees and costs awarded as sanction for failure to attend deposition
AMICA MUTUAL INSURANCE COMPANY, a foreign corporation, Plaintiff, v. SCOTT DRUMMOND and DAVID AUSLANDER, Defendants. Circuit Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 04-009957, Division B. November 14, 2006. Charlene E. Honeywell, Judge. Counsel: Douglas Fraley, for Plaintiff. Timothy A. Patrick, Nicholas, Lipscomb & Patrick, P.A., Tampa; and Dominic Fariello, for Defendants.
AMENDED ORDER GRANTING DEFENDANTS’ SECOND MOTION FOR SANCTIONS
THIS CAUSE having come on for a ruling before the Court on November 10, 2005 and August 31, 2006 on Defendants’ Second Motion for Sanctions. Present before the court were Defendants’ counsel, Timothy A. Patrick, Esquire and Dominic Fariello, Esquire and Plaintiff’s counsel, Douglas Fraley, Esquire. The Court, after having accepted testimony and evidence, and hearing argument of counsel and review of the file, makes the following findings.
It is ORDERED and ADJUDGED as follows:
(1) This court previously granted Defendants’ Second Motion for Sanctions by court order dated February 26, 2006, wherein the court reserved jurisdiction as to the amount of sanctions.
(2) The court finds that Defendant’s counsel, Timothy A. Patrick, is entitled to five (5) hours as a reasonable number of hours in preparing and drafting its Motion, along with his attendance at the second deposition of Steven DeSalvo.
(3) The court finds that $250.00 per hour is a reasonable hourly rate for Timothy A. Patrick, as the court is aware of court orders awarding this rate for Mr. Patrick.
(4) As Defendant’s counsel is entitled to five (5) hours at the rate of $250.00 per hour, counsel is entitled to $1,250.00 in attorney’s fees as sanctions.
(5) Defendant’s counsel is entitled to costs in the amount of $342.60 as the court finds that the deposition transcript of Steven DeSalvo was necessary to the court’s resolution of the Motion.
(6) Thus, Defendant’s counsel is entitled to total sanctions in the amount of $1,592.60 to be paid by the Plaintiff within two (2) weeks of today’s date.
