21 Fla. L. Weekly Supp. 677d
Online Reference: FLWSUPP 2107FOLKInsurance — Discovery — Depositions — Expert witness fee — Treating physician is entitled to expert witness fee for his deposition testimony
BAY AREA WELLNESS CENTER, INC. A/A/O MICHELE FOLKES, Plaintiff, vs. PROGRESSIVE SELECT INSURANCE COMPANY, Defendant. County Court, 6th Judicial Circuit in and for Pinellas County, County Civil Division. Case No. 13-9626CO. UCN-522013CC009626XXCOCO. April 25, 2014. John Carassas, Judge. Counsel: Stephen Farkas, Dolman Law Group, Clearwater, for Plaintiff. C. Spencer Petty, for Defendant.
ORDER
THIS CAUSE having come before the Court on April 17, 2014 upon the Plaintiff’s Motion to Determine Expert Witness and a Reasonable Expert Witness Fee, and the Court, having heard oral argument from counsels, considered the authorities, and being otherwise fully advised in the premises finds as follows:
The issue presented before this Court was whether or not Dr. Conrad Tamea, M.D., is entitled to an expert witness fee for deposition testimony as a treating physician.
Based upon a plain reading of Fla. R. Civ. P. 1.390 and consideration to the case-law presented before the Court, consisting of John Granone, P.A. v. Star Casualty Insurance Company, 20 Fla. L. Weekly Supp. 919c (Fla. Pasco County Ct. June 21, 2013) and Eric Zitzman v. Get Fit Enterprises, Inc., 20 Fla. L. Weekly Supp. 790a (Fla. 4th Cir. Ct. April 4, 2013), the Court finds that Dr. Conrad Tamea, M.D. is an expert as defined by Rule 1.390 and is thus entitled to a reasonable fee for future deposition testimony per Rule 1.390.
ACCORDINGLY, Plaintiff’s Motion is GRANTED.
The Court reserves ruling on any dollar amount to be awarded and makes no award for past fees.
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