16 Fla. L. Weekly Supp. 963b
Online Reference: FLWSUPP 1610GILF
Insurance — Personal injury protection — Discovery — Medical provider’s motion to compel discovery of transcript of examination under oath is denied without prejudice to renew motion if it becomes apparent that insurer intends to use transcript
OAKLAND HEALTHCARE AND REHABILITATION CORPORATION, (As Assignee of Islayda Gil-Farray), Plaintiff, vs. INFINITY INDEMNITY INSURANCE COMPANY, Defendant. County Court, 13th Judicial Circuit in and for Hillsborough County, Civil Division. Case No. 08-CC-15388, Division I. March 2, 2009. Ralph Steinberg, Judge. Counsel: Timothy A. Patrick. Johanna Bilgutay, Andrews & Manno, P.A., Tampa.
ORDER
THIS CAUSE having come before this Court on February 5, 2009 on Plaintiff’s Motion to Compel Discovery and Motion to Set Trial and the court, having reviewed the record and having heard argument by counsel, rules for the reasons stated in open court, as follows:
ORDERED AND ADJUDGED:
1. Plaintiff’s Motion to Compel Discovery as to the EUO transcript of the insured, Islayda Gil-Farray, is hereby DENIED WITHOUT PREJUDICE.
2. The court further rules that as soon as it becomes apparent to the Plaintiff that the Defendant intends to utilize the EUO transcript of the insured, the Plaintiff may re-new its motion.
3. Plaintiff’s Motion to Set Trial is hereby GRANTED. A jury trial shall be set in this matter on the September, 2009 docket, should the court have a September docket available.
