19 Fla. L. Weekly Supp. 393a
Online Reference: FLWSUPP 1905PEYTInsurance — Attorney’s fees — Discovery — Expert witnesses — Insurer’s failure to comply with order to provide plaintiff with its fee expert’s affidavit prejudiced plaintiff in preparation for fee hearing — Expert is stricken
DONALD A. PEYTON, Plaintiff, v. STATE FARM MUTUAL AUTO INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. 08-CC-8793. January 9, 2012. Honorable Heather Higbee, Judge.
ORDER ON PLAINTIFF’S MOTION TOSTRIKE DEFENDANT’S EXPERT
THIS CAUSE having come before the Court on December 5, 2011, upon Plaintiff’s Motion to Strike Defendant’s Fee Expert, and the Court having reviewed the Motion, having heard argument of Counsel, having reviewed the Court file, and being otherwise duly advised in the premises, it is hereby:
ORDERED AND ADJUDGED as follows:
1. Plaintiff’s Motion is hereby GRANTED.
2. Defendant failed to comply with this Court’s Order Preliminary to Hearing on Motion to Tax Costs and Award Attorney’s Fees dated September 14, 2011.
3. Plaintiff fully complied with said Order.
4. Despite the Defendant’s non-compliance in providing its expert Affidavit, it offered no explanation as to why the Defendant failed to comply with this Court’s Order nor did it request any relief there from.
5. This Court further finds that the failure to provide Plaintiff with the Defendant’s Expert Affidavit resulted in prejudice to the Plaintiff in preparation for the Fee Hearing.
* * *
