20 Fla. L. Weekly Supp. 1072b
Online Reference: FLWSUPP 2011BAKEInsurance — Discovery — Deposition of notary who verified sworn signatures of person who signed medical provider’s interrogatory responses may proceed where evidence that same signature and notary page were used in other cases raises legitimate issue of falsification of legal documents
BAYFRONT MEDICAL CENTER, INC., a Florida Corporation (assignee of Scott Baker), Plaintiff, vs. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 6th Judicial Circuit in and for Pinellas County. Case No. 12-647-SC-45. UCN 522012SC000647XXSCSC. July 11, 2013. Walt Fullerton, Judge. Counsel: Brian M. Giddings, Adam & Diaco, P.A., Tampa, for Defendant.
ORDER DENYING PROTECTIVE ORDER
The Court considered lengthy argument July 10, 2013 and finds as follows:
1. Defendant has noticed for deposition the notary, Robin Warner, who verified sworn signatures of an individual who signed Interrogatory Responses upon behalf of Plaintiff;
2. During the hearing, Defendant presented five (5) separate Interrogatory Responses from different cases in each of which there were identical signature and notary pages. Three of them appeared to have been “cut and pasted.”
Whether Plaintiff, BAYFRONT MEDICAL CENTER, INC., a Florida Corporation (assignee of Scott Baker), and/or Plaintiff’s Counsel, FLORIDA ADVOCATES, P.A., falsified legal documents is a legitimate question for inquiry, as sanctions may be appropriate. The deposition of Robin Warner, therefore, may proceed. A Protective Order is denied.
Defendant, however, agrees to take the deposition of Robin Warner only once on August 23, 2013 as noticed. The second deposition, scheduled August 26, 2013 in the second case, would be redundant and by agreement it is cancelled.
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